CRL.M.C./5074/2015 of ROHIT CHAWLA Vs THE STATE (NCT OF DELHI) & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 5074/2015

ROHIT CHAWLA

..... PetitionerThrough:Mr.Sunil K Mittal, Adv. withMr.Pradeep Mahajan, Mr.Vipin KMittal and Mr.Harshit Vashishth,Advs.

versus

THE STATE (NCT OF DELHI) & ANR..... RespondentsThrough:Mr.Panna Lal Sharma, APP for StateSI Rohit, Crime Branch

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

%03.11.2017

1. This is petition under Section 482 Cr.P.C filed on behalf of thepetitioner for release of his passport with permission to visit abroad for twomonths.

2. Counsel for the petitioner has submitted that the petitioner’s passport hasbeen deposited with the Registrar General of Delhi High Court in pursuanceto order dated 19[th]November, 2014 and 10[th]March, 2015 in FIR No.819/2014, under Sections 420/468/471/120-B/506 IPC registered at PoliceStation-Rajouri Garden. Counsel for the petitioner has further submitted thatthe petitioner was granted bail by this Court vide order dated 10[th]March,2015 passed in bail application No.2518/2014, subject to the condition thatthe petitioner shall deposit rupees fifty lakhs and that he will not leave India

without prior permission of the Trial Court.

3. Counsel for the petitioner has further submitted that the petitioner incompliance of the said bail order has deposited an amount of rupees fiftylakhs and the same has been released to the complainant as on date.

4. Counsel for the petitioner further submitted that subsequently theinvestigation was carried out in the aforesaid FIR for the offences mentionedtherein and the police have filed closure report.

5. Counsel for the petitioner has further submitted that the petitioner hereinis U.K. citizen and he has no house in India and his family members areresiding at U.K. therefore, the petitioner be permitted to go abroad to meethis family members and his passport be released.

6. Counsel for the petitioner has further submitted that the petitioner hassettled the outstanding issues with the complainant pertaining to the said FIRand they have no objection if the passport is released in favour of thepetitioner and if he is allowed to go abroad.

7. Learned APP appearing on behalf of the State has submitted that thematter is fixed before the Trial Court on 16[th]November, 2017 for order.

8. The complainant Mr.Daljeet Singh and the victim Mr.Babandeep Singhare present in the Court today and have been identified by the InvestigatingOfficer SI Rohit. They have submitted that they have received an amount ofrupees fifty lakhs and also admitted that they have settled the outstandingissues.

9. Looking into the above facts and circumstances of the case as thepetitioner is in India since 2014 and is facing hardship and the fact that thepolice has filed closure report and the complainant Mr.Daljeet Singh and thevictim Mr.Babandeep Singh have admitted that they have resolved theiroutstanding issues, in these circumstances, the passport of the petitioner bereleased and the petitioner is permitted to go abroad subject to the conditionthat the petitioner shall appear before the Court below as and when directedto appear in person; the petitioner shall furnish personal bond in the sum ofrupees one lakh with one surety of the like amount to the satisfaction of theCourt below. The Registrar General of the Delhi High Court is directed torelease the passport of the petitioner forthwith.

10. The present petition is allowed and disposed of accordingly. All pendingapplication(s) (if any) also stand disposed of.

Copy of this order be sent to the Trial Court.

Copy of this order be given dasti, as prayed.

NOVEMBER 03, 2017

I.S.MEHTA, J