AMANDEEP SINGH GODHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By means of the present petition under Sec. 482 of the Criminal Procedure Code, the petitioner has challenged order dtd. 20/12/2022 passed by the learned Special Judge (CBI), Shimla, H.P., whereby the application filed by the petitioner seeking permission to visit Canada has been dismissed.

(2.) The case of the petitioner is that he is a permanent resident (PR) of Canada and to retain/maintain his permanent resident status in Canada, he has to remain there for minimum 730 days in 5 years and his permanent resident status is expiring in the month of June 2024 and till date, he has only stayed in Canada for only about 129 days from 23/5/2019 to 28/9/2019, as such, he is planning to travel Canada and intends to remain there from 15/1/2023 to 14/2/2023, therefore, he may be permitted to visit Canada.

(3.) In reply to the said application, it has been stated that the charge sheet under Sec. 173(2) of Cr. P.C. has been filed against the petitioner and co-accused persons namely Sarvpreet Chawla, Pankaj Thakur (the then Branch Manager), Shaik Hussain (the then DGM), Yogesh Jassal (Empanelled Advocate) and H.G. Ahluwalia (Empanelled Valuer) under Sec. 120B read with Ss. 420 and 471 of the Indian Penal Code and Sec. 13(2) read with Sec. 13(1) (d) of the Prevention of Corruption Act, 1988 and substantive offences thereof on 31/12/2021 in the Court of learned Special Judge (CBI), Shimla, H.P. It has further been stated that the petitioner intends to flee from the course of justice and become Canadian citizen in order to seek protection from the Canadian Authorities to escape his criminal liability in the present case and there is every possibility that he will not return from Canada in case he is allowed to go there.