SUKHMANI BRAR Vs. U.T, CHANDIGARH

JUDGEMENT

(1.) Petitioner-accused has invoked the jurisdiction under Section 482 Code of Criminal Procedure of this Court praying for release of her Passport, which was taken into possession by the police in case FIR No. 175 dated 17.8.2010 under Sections 279/337/304-A IPC, P.S Sector 3, UT, Chandigarh; further praying for permission to go to USA during the pendehcy of her trial.

(2.) It is submitted that this necessity has occurred because the Petitioner is facing trial in the afore mentioned case wherein she was ordered to be released on bail subject to deposit of her passport and not leaving the country without permission of the Court.

(3.) It is stated that the Petitioner had also moved an application for release of her passport on the ground that the Petitioner-accused is a Green Card holder in USA and in case she does not re-visit there, her Green Card facility would be cancelled resulting into her suffering great loss. Learned JMIC, Chandigarh vide order dated 29.11.2010 dismissed the said application observing that there are no compelling circumstances showing her presence required in USA and there is no necessity to release her passport.