HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7050/2025 1. Satnam Singh Bains, Son Of Sandhu Singh, Resident Of Village Roondh, Police Station Sadar, Tehsil And District Dholpur, Presently Residing At 133 Prareri Road Drive, Kamloops , British Columbia, Canada. 2. Harbhajan Singh Bains, Son Of Lakha Singh, Resident Of Village Roondh, Police Station Sadar, Tehsil And District Dholpur, Presently Residing At 1709 North River Drive, Kamloops, British Columbia, Canada. ----Petitioners Versus State Of Rajasthan, Through Its Public Prosecutor. ----Respondent connected with S.B. Criminal Miscellaneous (Petition) No.7051/2025 Jasbir Singh Bhullar, Son Of Mahendra Singh, Resident Of Baba Bakala, Police Station Vyas, District Amritsar, Punjab, Presently Residing At Foldibaag, Police Station Jamsher Sadar, District Jalandhar, Presently Residing At 880 Ruf Cheznous , Kamloops, British Columbia, Canada. ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor. ----Respondent For Petitioner(s) : Mr. V.R. Bajwa, Senior Advocate assisted by Ms. Savita Nathawat For Respondent(s) : Mr. Amit Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 03/11/2025 (2 of 4) [CRLMP-7050/2025] 1. Since common questions of law and facts are involved in these petitions, hence, with the consent of counsel for the parties, both these matters are taken up together and are being decided by this common order. 2. Both these petitions have been preferred against the impugned orders dated 03.05.2025 and 06.05.2025 respectively passed by the Ld. Chief Judicial Magistrate, District Dholpur by which the application submitted by the petitioner seeking release of seizure of Canadian Passports, OCI Cards, Original Visa and driving license, Aadhar Card has been rejected. 3. Learned Senior Counsel for the petitioners submits that the petitioners are the permanent resident of Canada and they are residing there since last several decades. Learned counsel submits that while their stay in India on the basis of the OCI Card, an FIR bearing No.131/2025 was registered against them with the Police Station Kotwali, Dholpur, wherein the aforesaid documents of the petitioners were seized. Learned counsel submits that an application was submitted for release of the aforesaid documents before the Court of Chief Judicial Magistrate, Dholpur, but the same was rejected on a technical count that the matter was at investigation stage. 4. Learned Senior Counsel for the petitioners further submits that the petitioners are having their roots in Canada and they are under a medical treatment in Canada, therefore, they require the aforesaid documents for the purpose of travelling to the aforesaid country. Learned counsel submits that after investigation, now the charge-sheet has already been submitted against the petitioners before the competent court of law, hence, appropriate order be (3 of 4) [CRLMP-7050/2025] passed for allowing the petitioner to travel back to Canada on the basis of aforesaid documents. 5. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that a criminal case for the offences under Sections 318(4), 319(2), 336(3), 61(2)(a) of the BNS, 2023 is pending against the petitioners before the competent court and there is no surety that the petitioners will return back to face the trial, in case, they are allowed to obtain the aforesaid documents and travel to Canada, hence, interference of this Court is not warranted. 6. Heard and considered the submissions made at the Bar and perused the material available on the record. 7. Perusal of the record indicates that an FIR bearing No.131/2025 was registered against the petitioners with the Police Station Kotwali, District Dholpur and during the course of their investigation, their Canadian passport, OCI Card, Original Visa and driving license, Aadhar Card were seized by the Investigating Agency. After release on bail, they have submitted an application for releasing the rest of the aforesaid documents and the same was partly allowed due to which only the Driving License has been released, but rest of the documents have not been released on a technical count that the matter is still at the investigation stage. 8. Looking to the fact that after investigation, now the charge- sheet has been submitted. Since straightaway a prayer has been made before this Court to allow the petitioners to travel back to Canada, thus permission cannot be granted by this Court, at this stage, without therebeing filing of an appropriate application (4 of 4) [CRLMP-7050/2025] before the trial court, hence, under these circumstances, these criminal misc. petitions stand disposed of granting liberty to the petitioners to approach before the Court below by way of filing an appropriate application. 9. In case, such an application is submitted by the petitioners, it is expected from the ld. Trial Judge to decide the said application, expeditiously as early as possible, by passing a reasoned and speaking order in accordance with law. 10. Stay applications as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/57-58