ANJAL KUMAR @ ANGEL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prayer made in the present petition under Section 482 Cr.P.C. is to quash order dated 12.10.2009 passed by the Judicial Magistrate, I Class, Kurukshetra, dismissing the application of the petitioner seeking permission to go abroad (Dubai/Abu Dhabi) for about 4-5 days, i.e. from 2.11.2009 to 6.11.2009.

(2.) THE petitioner is facing trial in FIR No. 107 dated 17.11.2003 under Sections 420 406, 403 and 34 IPC. His plea is that since 18.12.2003 he has been appearing in the Court regularly. However, his visit is official as M/s Oswal Industries, Ambala Cantt, i.e. his employer, is sending him to participate in the Regional Sales Meeting Middle East 2009.

(3.) IN totality of the facts and circumstances of the case and in view the ratio laid down in Naginder Singh Rana v. State of Punjab, 2004(3) RCR(Criminal) 912, the order declining permission to the petitioner to go abroad does not appear to he correct. Thus, the impugned order dated 12.10.2009 is set aside. The petitioner is permitted to go abroad (Dubai/Abu Dhabi) for 5-6 days on the condition that he shall furnish security to the tune of Rs. 4 lacs with one surety in the like amount to the satisfaction of the Court concerned. On the undertaking, as mentioned above, and on furnishing the security, as is ordered to the satisfaction of the Court concerned the petitioner shall he allowed to go abroad. He is directed to return to India on 7.11.2009.