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2025 DAILYLAW 55856 (PNJ)

MANISH MUNJAL v. STATE OF HARYANA

CRM-M/25532/2025 · 2025-07-02

Sanjay Vashisth

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Judgment text

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CRM-M-25532-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 132 CRM-M-25532-2025 Date of decision: 02.07.2025 MANISH MUNJAL ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Armaan Dahiya, Advocate and Mr. Manav Sharma, Advocate for Mr. Partap Singh, Advocate for the petitioner. SANJAY VASHISTH. J.(Oral) 1. Instant petition has been filed u/s 528 of BNSS, 2023, for quashing of impugned order dated 07.04.2025 (Annexure P-5), passed by Ld. JMIC, Karnal, whereby, application for temporary release of Passport No.Z4705643 (Annexure P-11) of the petitioner, has been submitted as per condition No.8 of the order dated 13.02.2023, passed by Hon’ble High Court in CRM-M-4362-2023 (Annexure P-2), in case FIR No.975, dated 18.11.2022 (Annexure P-1), u/s 406, 420, 120-B of IPC, registered at P.S. Karnal Civil Lines, Distt. Karnal, Haryana. 2. On 19.05.2025, following order was passed:- “1. At the outset, learned State counsel has filed the reply by way of affidavit of DSP (City), Karnal, on behalf of the respondent – State in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. 2. After hearing the petitioner’s counsel, on 13.05.2025, following order has been passed: “1. Instant petition has been filed u/s 528 of BNSS, 2023, for quashing of impugned order dated 07.04.2025 (Annexure P-5), passed by Ld. JMIC, Karnal, AMANDEEP GOSAIN 2025.07.02 17:38 I attest to the accuracy and integrity of this order/judgment CRM-M-25532-2025 - 2- whereby, application for temporary release of Passport No.Z4705643 (Annexure P-11) of the petitioner, has been submitted as per condition No.8 of the order dated 13.02.2023, passed by Hon’ble High Court in CRM-M-4362-2023 (Annexure P-2), in case FIR No.975, dated 18.11.2022 (Annexure P-1), u/s 406, 420, 120-B of IPC, registered at P.S. Karnal Civil Lines, Distt. Karnal, Haryana. 2. Counsel for the petitioner contends that if the allegations are taken in its entirety, there is a dispute of amount of Rs.10.00 lakhs, allegedly having been received by the petitioner from the complainant, namely; Himanshu Bhatia. FIR was registered on 18.11.2022 (P-1) and since the time of registration of FIR, petitioner has never misused the concession of bail or any other process under the law. On each and every date, he has been appearing before the trial Court and even never sought exemption from his appearance. Though the passport was deposited by the petitioner before the trial Court, as it was the condition while granting bail to the petitioner by this High Court, vide order dated 13.02.2023 (P-2), but that would not be mean to deny the petitioner to go abroad by seeking permission from the Court, as per law. Still learned Magistrate has dismissed the application for visiting abroad without looking at the invitation (Annexure P-10) for attending the business seminar of IMEX in Frankfurt 2025 in 2025, wherein, it has been intimated that the registration of the petitioner has already been confirmed. 3. Since, petitioner is in the same business, and earlier also, he has been regularly visiting to different countries, and said fact can be verified from the passport, wherein, the visa entries are available. Besides, petitioner undertakes that since its monetary dispute with the complainant, he is ready to deposit the requisite security amount before the learned Trial Court in the shape of FDR subject to its satisfaction, enabling him to avail a chance of going abroad. 4. Notice of motion. 5. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance and seeks time to get instructions and to file status report/reply, if any. Copy of the complete paper book has already been handed over to the learned State counsel. 6. Adjourned to 16.05.2025. 7. Learned State counsel is directed to verify the facts as stated by learned Counsel for the petitioner and recorded here-above, and then to file a comprehensive status report. To be shown in the urgent list.” 3. In addition to earlier submissions, counsel for the petitioner submits that petitioner is residing in Distt. Karnal, i.e., H.No.21, Near Param Palace, Kachwa Road, Ram Nagar, Distt. Karnal (Haryana) along with his family (parents, wife and children). He also submits that if petitioner’s request to AMANDEEP GOSAIN 2025.07.02 17:38 I attest to the accuracy and integrity of this order/judgment CRM-M-25532-2025 - 3- go abroad is accepted, to express his bona fides, he is ready to deposit a ₹ sum of 5,00,000/- in the shape of FDR along with a list of properties, which are existing in his name, before the trial Court. 4. Taking into account all the facts as recorded on the earlier occasion, i.e., 13.05.2025, and reiterated today, this Court is of the view that the request made by the petitioner is worth considering. Accordingly, prayer of the petitioner for release of his passport, to enable him to travel abroad, i.e., to Frankfurt (Germany), is allowed. 5. Petitioner is directed to furnish the details of properties standing in his name, specifically indicating his share in such properties, along with ₹ furnishing an FDR in the amount of 5,00,000/-, within a period of one week from today. The details of the properties shall be verified by the police. Upon compliance, petitioner is granted permission to travel from 23.05.2025 to 08.06.2025. Said FDR shall be retained by the trial Court until the petitioner returns to India and surrenders before the trial Court by joining the proceedings fixed before it. Trial Court/Investigating Officer is directed to release the passport to enable the petitioner to go abroad, i.e., Frankfurt (Germany) for the aforementioned period. 6. List again on 02.07.2025, for the purpose of verifying, whether the petitioner has returned and surrendered before the trial Court. “ 2. Learned counsel appearing for the petitioner submits that, after going abroad, petitioner has returned and appeared before the Court. He also undertakes to continue appearing before the learned trial Court on all the dates during future proceedings. 3. He further states that, as of now, the petition may be disposed of, as having been rendered infructuous. 4. The contention of the petitioner is endorsed as correct by the learned State counsel. AMANDEEP GOSAIN 2025.07.02 17:38 I attest to the accuracy and integrity of this order/judgment CRM-M-25532-2025 - 4- 5. In view of the above, the present petition is disposed of, as having been rendered infructuous. (SANJAY VASHISTH) 02.07.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.07.02 17:38 I attest to the accuracy and integrity of this order/judgment