KULWANT SINGH @ KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is aggrieved by the condition Nos. (iii) & (iv) of the order of bail to the effect that he shall surrender/deposit his passport, if any, with the investigating agency and shall not leave India without prior permission of the Court imposed by the Additional Sessions Judge, Moga vide order dtd. 4/12/2024 while granting anticipatory bail in case FIR No.76, dtd. 10/5/2024, registered under Ss. 420 and 406 IPC at Police Station City South, Moga.

(2.) Learned Counsel for the petitioner submits that the petitioner is a permanent resident of Canada and the trial Court while allowing the application seeking anticipatory bail to the petitioner has imposed a condition that he shall not leave the Country without prior permission of the Court and Simultaneously, another condition was also imposed, to surrender his passport with the investigating agency. Learned counsel also submits that the there is no chance of absconding from the trial and he undertakes to abide by all terms and conditions imposed by the trial Court in the bail order or any condition to be imposed by this Court. It is also the argument of learned counsel for the petitioner that the challan has not been presented so far and trial may take long time to conclude. Thus, a prayer has been made by the petitioner for omission of impugned conditions No. (iii) and (iv) imposed in the bail order passed by the Additional Sessions Judge, Moga on 4/12/2024 by considering the fact that the petitioner is a permanent citizen of Canada.

(3.) Learned State counsel has raised a preliminary objection that the present petition is not maintainable as in case the petitioner is aggrieved in any manner, firstly he should have approached the lower Court for modification of the condition. Learned State counsel also submits that no blanket permission can be given as the petitioner is involved in a serious offence and there is no emergency and extraordinary reasons for approaching this Court straightway without availing the appropriate remedy available to her before the lower Court.