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Judgment
VIRINDER AGGARWAL, J. (ORAL)
The present petition has been filed under Section 528 of the BNSS/Section 482 of the Cr.P.C. seeking permission to permit the petitioner for travelling to Canada and UAE for a period of three months.
Learned counsel for the petitioner submits that the petitioner is facing proceedings arising out of FIR No.89 dated 24.06.2025, registered under Sections 406 and 420 IPC (Sections 316(2) and 318(4) BNS) and Section 13 of the Punjab Travel Professional (Regulation) Act, 2014, at Police Station Badali Ala Singh, District Fatehgarh Sahib. The petitioner was granted anticipatory bail, which was subsequently made absolute, and she has duly complied with all the conditions imposed by this Court and joined the investigation as and when required.
It is further submitted that the petitioner is a Canadian citizen and has been residing in Canada since October, 2025. She is a single mother having three children, out of whom two are minors, and seeks permission to travel to Canada and UAE for a limited period of three months to meet her children and attend to her family and business responsibilities. It is submitted that the petitioner has no other criminal antecedents, there is no likelihood of her absconding or evading the process of law, and she undertakes to return to India on expiry of the permitted period and to abide by all the conditions imposed by this Court.
It is also submitted that the proceedings arising out of the FIR have already been stayed by this Court and that an earlier application seeking permission to travel abroad was dismissed by the learned JMIC on 07.08.2026 on the ground that the proceedings were stayed and the learned Magistrate was not in a position to determine whether the petitioner's presence was required before this Court or the Trial Court.
Notice of motion.
Mr. J.S. Rattu, DAG, Punjab, accepts notice on behalf of the respondent/State.
Keeping in view the fact that the petitioner has already been granted anticipatory bail, has joined the investigation as and when required, has no other criminal antecedents, and seeks to travel abroad only for a limited period of three months to attend to her family and business responsibilities, the present petition is allowed.
The petitioner is permitted to travel to Canada and UAE for a period of three months from the date of her departure, subject to the following conditions:
The petitioner shall furnish a bank guarantee of ₹5,00,000/- (Rupees Five Lakhs only) to the satisfaction of the learned Area/concerned Magistrate.
The petitioner shall furnish an undertaking before the learned Area/concerned Magistrate that she shall return to India on or before expiry of the aforesaid period of three months and shall thereafter appear before the learned Area/concerned Magistrate.
The petitioner shall furnish the requisite bonds to the satisfaction of the learned Area/concerned Magistrate.
Petition stands disposed of.
Pending miscellaneous applications, if any, stand disposed of.