Paramjit Singh vs State of Punjab

1 The appellantapplicant Paramjit Singh alias Dhadi has filed the present criminal miscellaneous application seeking permission to visit United Kingdom for a period of two months during February and March, 2011.

2 Affidavit of Jatinder Pal Singh, PPS, Superintendent Maximum Security Jail, Nabha regarding the period of imprisonment undergone by the appellantapplicant filed in Court today, is taken on record.

3 Heard counsel for the parties.

4 The appellantapplicant Paramjit Singh alias Dhadi has been convicted by the learned Additional Sessions Judge, Jalandhar, vide order dated 04.01.2010 for the offences under Sections 4 and 5 of the Explosive Sub stances Act, 1908 (''Act''for short); besides, Section 25 of the Arms Act, 1959 (''Arms Act''for short). The appellantapplicant has been sentenced to undergo rigorous imprisonment for five years; besides, pay a fine of Rs. 500/and in default of payment of fine to undergo rigorous imprisonment for one month for each of the offences under Sections 4 and 5 of the Act. The appellant applicant has also been sentenced to undergo rigorous imprisonment for one year; besides, to pay a fine of Rs. 200/and in default of payment to undergo rigorous imprisonment for one month for the offence under Section 25 of the Arms Act. All the sentences have been ordered by the learned Additional Sessions Judge, Jalandhar, to ran concurrently.

5 In terms of the affidavit of Jatinder Pal Singh, PPS, Superintendent Maximum Security Jail, Nabha, the appellantapplicant uptill 30.11.2010 has undergone imprisonment for 3 years 7 months and 22 days. The appellantapplicant was released on bail on 30.11.2010. During the period of incarceration, the appellantapplicant Paramjit Singh alias Dhadi availed parole of 3 months and 8 days and he did not misuse the parole. Out of the sentence of five years, the appellant applicant has undergone more than half of the sentence i.e. 3 years 7 months and 22 days uptill 30.11.2010; besides, as per the said affidavit, there is no other case pending against him. The appellantapplicant now wants to go abroad. His (appellantapplicant Paramjit Singh alias Dhadi''s) daughter namely Ravinderjit Kaur Gakhal is a British citizen. Her date of birth is 21.07.1978. Photostat copy of the opening sheet of her (Ravinderjit Kaur''s) British passport has been placed on record as Annexure Pl. The daughter of the appellantapplicant, it is submitted, has been practising Solicitor of the Supreme Court in England and Wales for the last 8 years and copy of the practising certificate for the period 200910 (Annexure P2) has been placed on record. It is submitted that the petitioner has been given to understand by his daughter that the certificates of practice are issued on yearly basis and her certificate for the year 201011 will come in due course. The civil marriage of the petitioner''s daughter has been solemnized with Amarjit Singh Mahey on 12.2.2011 in the District Register Officer, Wolverhampton. The marriage appointment letter (Annexure P3) issued to Amarjit Singh Mahey and Ravinderjit Kaur Gakhal has been placed on record. The marriage according to Sikh rites and ceremonies is to be solemnized on 12.03.2011 at Guru Nanak Gurudwara Wolverhampton. A letter dated 12.12.2010 issued by Mr. Kulwant Singh Bains, President of the said Gurudwara has been placed on the record. It is submitted that in view of the letter, it is clear that Ravinderjit Kaur Gakhal is the daughter of the appellantapplicant and the family has been attending the said Gurudwara for the last over 30 years. The appellantapplicant is also a British National. The wedding reception of Amarjit Singh Mahey and Ravinderjit Kaur Gakhal is to take place on 13.03.2011 at Royale Banquenting Suite Limited, Wolver hamptom. It is submitted that the appellant applicant is a British National but he has his roots in India. He belongs to village Gakhal, Tehsil and District Jalandhar, which is on the outskirts of Jalandhar City. The appellant applicant owns more than 64 Kanals of top quality agricultural land and going by the Collector rate, the price of the land is Rs.30 lacs per acre. Otherwise, the market value, it is submitted, would run in several crores. A copy of the Jamabandi for the years 200405 (Annexure P5) issued on 17.12.2010 is placed on record. The appellantapplicant does not have any brother and his father is also dead. Therefore, it is submitted that it is very important that he should be present as the elder of the family as well as father of the bride at the marriage. Keeping in view the conduct of the appellantapplicant and the fact that he has never misused the conces sioa of parole and bail allowed to him, there are no chances that he would misuse the permission to visit United Kingdom and stay there for a period of two months.

6 Learned counsel for the State has submitted that the appellantapplicant is involved in cases under the Explosive Substances Act; besides, the Arms Act. Therefore, it would be inexpedient to grant the permission to him to visit United Kingdom. Although, it is not disputed that it is a pious obligation of the father to be with his daughter on the day of her marriage.

7 I have given my thoughtful consideration to the matter, it may be noticed that the appellantapplicant Paramjit Singh alias Dhadi, as already noticed, has been convicted in the present case for the offences under Sections 4 and 5 of the Act; besides, Section 25 of the Arms Act.

8 The prosecution case is that on 23.12.2006, Ranbir Singh DSP (Detective), Jalandhar, along with other police officials were on official duty in the Government vehicle. They were patrolling the area; besides, they were conducting checking. At Garha Chowk, Jalandhar, they received a secret information that accused Amolak Singh, Jaswinder Singh and Paramjit Singh alias Dhadi, who were earlier involved in terrorist activities again have got together. They have got big cache of RDX and other explosive material from the other side of the international border. The said accused were roaming in Jalandhar to give effect to some big incident and at that time, they were roaming in the area of Urban Estate Garha. They could be arrested with the explosive material if nakas were laid. It was informed that this would prevent happening of any bad incident. The information was found to be reliable and a memo was sent to the Police Station through Constable Gurdev Singh for registration of a case (FIR). The police party checked many vehicles and they apprehended Jaswinder Singh and from his possession one bag containing 2 kgs. RDX and one hand grenade, two detonators and two timers were recovered. Accused Amolak was apprehended and from his possession a bag containing RDX, two detonators and two timers, one battery and one hand grenade were recovered. He was also holding a plastic bag which contained a 30 bore pistol along with 50 live cartridges. They also recovered one square magazine. During investigation, accused Paramjit Singh alias Dhadi (appellant applicant) was arrested in the area of Ropar and he was produced before DSP Ranbir Singh by Head Constable Gurjant Singh. On his interrogation on 23.12.2006, the appellantapplicant suffered a disclosure statement that he had concealed one bag containing RDX explosive arms and ammunition in a wheat chaff ''kup'' near his tubewell, which only he knew and could get the same recovered. On the basis of the disclosure statement, 6 kgs of RDX, 6 detonators, 7 timers, 1 battery, electric wire, 1 walky talky set along with 2 hand grenades, 1 pistol of 30 bore along with 50 live cartridges and a square magazine were recovered.

9 Learned Additional Sessions Judge, Jalandhar after considering the evidence and material adduced by the prosecution and defence, has convicted and sentenced the appellantapplicant as also others in the manner as mentioned above.

10 It may be noticed that there are arguable points in the appeal and the appellant applicant has undergone substantial sentence of imprisonment. The marriage of the daughter of the appellantapplicant is to be solemnized on 12.03.2011 and 13.03.2011. She is a British National and has been doing well for herself. She has been practising Solicitor of the Supreme Court of England and Wales for the last 8 years and in case, the petitioner is allowed to attend the marriage of his daughter, it would bring out an element of sobriety in him and he would be in a better position to appreciate life; besides, learned Senior Counsel appearing for him has earnestly submitted that there is no intention whatsoever for the appellantapplicant to abscond and he would like to obey the law of land and in case, his appeal is dismissed, he would rather prefer to complete his sentence and thereafter live in peace. Learned counsel for the appellantapplicant has also stated that the land measuring 64 Kanals which is owned by the appellantapplicant is of substantial value and he is ready to keep the same as security for his return from England after a period of two months.

11 The Supreme Court in Shri Chand P. Hinduja v. State through CBI New Delhi, 2002 (3) RCR (Criminal) 186 : (2002 Cri LJ 942) granted permission to the accused in the said case to go abroad. The case related to offences punishable under Ss. 120B and 420 IPC; besides, S. 5(2) read with S. 5(l)(d) of the Prevention of Corruption Act. A plea was raised in the said case that if the accused therein were permitted to go abroad, it would affect the smooth progress of the trial; besides, there are reasonable grounds that they would not return to India to face the trial. The Supreme Court noticed that the accused therein were Indian Nationals at the time of registration of the FIR and thereafter they had acquired the British and Swiss Nationalities. After considering the facts and circumstances of the said case, the accused therein were permitted to go abroad as an interim measure subject to their furnishing adequate security.

12 The appellantapplicant at present is on bail. The appeal is not likely to mature for hearing in the next two months and the appellantapplicant has undertaken and assured the Court that he would return from abroad. Therefore, in the facts and circumstances, it would be just and expedient that the appellantapplicant is permitted to go abroad. The apprehension of the learned State counsel that the appellantapplicant may not return, can be safeguarded by imposing certain conditions.

13 Accordingly, the criminal miscellaneous application is allowed and the appellantapplicant is permitted to visit abroad for two months to be counted from the date he leaves and to leave the country which shall be subjected to the following conditions:

(i) That the appellantapplicant shall execute a personal bond and surety in the sum of Rs.5 lacs to the satisfaction of the learned Chief Judicial Magistrate, Jalandhar with an undertaking to appear in Court soon after the expiry of two months from the date he shall leave the country.

(ii) The appellantapplicant shall bind himself that he shall return from abroad and appear before the learned Chief Judicial Magistrate, Jalandhar. The appellantapplicant shall furnish one surety in the sum of Rs.5 lacs to the satisfaction of the learned Chief Judicial Magistrate, Jalandhar for his visit abroad and then to appear before the said Court.

(iii) The appellantapplicant shall file an undertaking that in the event of his failure to return from abroad, he would have no objection if the land measuring 64 Kanals 9 Marias as mentioned in the Jambandi for the year 200405 (Annexure P5) is attached and disposed of in accordance with law.

14 On return from abroad, the conditions as imposed upon the appellantapplicant for going abroad will become inoperative and the appellantapplicant shall continue to be bound by the old bonds and sureties that have been furnished by him while being released on bail on 30.11.2010. Copy of the order be given dasti on payment of prescribed fee on an urgent application.