CRM-M-28656-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 299 CRM-M-28656-2026 Date of decision : 23.07.2026 GURWINDER SINGH ALIAS BARINDER SINGH ... PETITIONER Versus STATE OF PUNJAB .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. G. S. Bhatia, Advocate with Mr.Ajay Singh Pundir, Advocate for the petitioner. (through V.C.) Mr. K. D. Sachdeva, DAG, Punjab. *** H.S. Grewal, J.(Oral) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) seeking setting aside of the order dated 01.05.2026 passed by the learned Judicial Magistrate Ist Class, Amritsar, whereby the application filed by the petitioner seeking permission to travel to the United States of America was dismissed. A further prayer has been made for permitting the petitioner to travel abroad for a limited period, subject to such terms and conditions as may be imposed by this Court. 2. Learned counsel for the petitioner submits that the petitioner is a permanent resident of the United States of America since the year 2017 and has been earning his livelihood there as a commercial driver. It is contended that although the petitioner was found innocent during investigation, he was subsequently summoned under Section 319 Cr.P.C. On learning about the proceedings, he returned to India, joined the proceedings, obtained anticipatory bail and has been regularly appearing before the trial Court. It is argued that the POONAM RATHORE 2026.07.28 17:02 I attest to the accuracy and integrity of this document CRM-M-28656-2026 -2- petitioner's employment in the United States is the sole source of livelihood for his family and denial of permission to travel abroad would cause him irreparable hardship. Learned counsel further submits that the petitioner is willing to furnish adequate surety and to file an undertaking that he shall return to India within the period stipulated by this Court. It is also undertaken that during his absence, his personal appearance before the trial Court may remain exempted and his counsel shall appear on every date of hearing. The petitioner shall remain bound by all proceedings conducted by the trial Court through his counsel. 3. Notice of motion. 4. On the asking of the Court, Mr. K. D. Sachdeva, DAG, Punjab accepts notice on behalf of the respondent-State and does not dispute that the petitioner is presently on bail and is facing trial. 5. I have heard learned counsel for the parties. 6. The question which arises for consideration is whether the petitioner deserves permission to travel abroad during the pendency of the criminal proceedings. It is well settled that the right to travel abroad forms part of the personal liberty guaranteed under Article 21 of the Constitution of India. Such right, however, is not absolute and is subject to reasonable restrictions in order to ensure the due administration of justice and the presence of the accused before the trial Court. At the same time, the mere pendency of a criminal case cannot, by itself, be a ground to deny permission to travel abroad, particularly where the presence of the accused can be secured by imposing appropriate safeguards. In the present case, the petitioner has already joined the POONAM RATHORE 2026.07.28 17:02 I attest to the accuracy and integrity of this document CRM-M-28656-2026 -3- proceedings pursuant to the order granting anticipatory bail and there is nothing on record to suggest that he has violated any condition of bail or has attempted to evade the process of law. The petitioner has expressed his willingness to furnish adequate sureties, disclose his travel itinerary and contact particulars, and to return to India immediately upon the expiry of the period for which permission is granted. He has further undertaken that his counsel shall remain present before the trial Court on every date of hearing and that he shall remain bound by the proceedings conducted in his absence. Accordingly, the impugned order dated 01.05.2026 passed by the learned Judicial Magistrate Ist Class, Amritsar, is set aside. Consequently, the petitioner is permitted to travel to the United States of America for a period of three months from the date of his departure, subject to the following conditions: i. The petitioner shall furnish an adequate bank guarantee to the satisfaction of the learned Trial Court before leaving India. ii. The petitioner shall furnish an undertaking before the learned Trial Court stating that he shall return to India immediately upon the expiry of the aforesaid period of three months and shall appear before the learned Trial Court on the first date fixed thereafter. iii. During the aforesaid period, the petitioner's counsel shall remain present on every date of hearing on his behalf, and the petitioner shall have no objection if the prosecution evidence is recorded in his absence. iv. Before leaving the country, the petitioner shall furnish to the learned Trial Court his travel itinerary, residential address in the United States, mobile number, e-mail address, POONAM RATHORE 2026.07.28 17:02 I attest to the accuracy and integrity of this document CRM-M-28656-2026 -4- and any other contact details, and shall promptly intimate any change therein during his stay abroad. v. It is made clear that, in the event of violation of any of the aforesaid conditions or failure to return within the stipulated period without obtaining prior permission from the competent Court, it shall be open to the prosecution to seek appropriate orders in accordance with law, including cancellation of the concession granted by this order. The bank guarantee furnished by the petitioner shall be liable to be forfeited to the State, and the learned Trial Court shall proceed further in accordance with law. The petition stands disposed of in the above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. (H.S.GREWAL) 23.07.2026 JUDGE poonam Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POONAM RATHORE 2026.07.28 17:02 I attest to the accuracy and integrity of this document