The court's decision was influenced by the serious nature of the allegations against the petitioners, their history of evading the process of law, and their lack of a permanent address in India.

JUDGMENT :

BRIJESH SETHI, J.

1. Vide this Judgment, I shall dispose of a petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. against impugned order dated 18.10.2019 passed by Ld. M.M. Sh. Harun Pratap, Saket Courts, South-East District, New Delhi in the application for release of passport and permission to go abroad in FIR No. 87/2017 PS Chitranjan Park.

2. While praying for release of passport and permission to go abroad, the petitioners have pleaded that they were enlarged on bail vide order dated 26.04.2019 passed by Ld. M.M. Harun Pratap, Saket Courts, South East District, New Delhi subject to certain conditions and one of the condition was that the petitioners shall not leave the country without taking prior permission of the court and they will surrender their passports as per the undertaking given on their behalf by their counsel.

3. It is further submitted that petitioner Sh. Narinder Singh Narang and Smt Ravinder Kaur Narang are 69 years and 68 years old respectively and have always been inclined towards religious activities and are firm followers of Sikh religion. It is further submitted that from 06.11.2019 to 15.11.2019, there shall be a grand Kirtan organized in Lahore city of Pakistan by the Sikh community and said Kirtan is being organized after a gap of 100 years. It was last organized in the year 1919 and it invokes a lot of religious sentiments among the followers.

4. It is further submitted that it was one of condition of the bail that petitioners shall not leave the country without taking prior permission of the Hon’ble Court, and therefore, the petitioners moved an application under Section 437(3) Cr.P.C. before Ld. M.M. Sh. Harun Pratap, Saket Courts, South-East District, New Delhi for modification/alteration of order dated 26.04.2019 seeking permission from the Hon’ble Court so that the petitioners may be allowed to attend the said Kirtan in Lahore Pakistan. However, the same was withdrawn as it was advised that proper remedy will be to file an application before Ld. Sessions Court for the release of passports and permission to travel abroad. Thereafter, an application was filed before the Ld. ASJ. The Ld. ASJ, however, granted liberty to the petitioners to move similar application before the Ld. MM. Thereafter, an application was filed before the Ld. M.M. for release of passports and permission to visit abroad. Ld. MM, however, issued notice to the complainant despite the objection of the petitioners that no notice ought to have been issued to the complainant. He had also fixed the date for 01.11.2019. Subsequently, a Writ Petition bearing no. 2826/2019 was filed before this Hon’ble Court and this court had preponed the date of hearing to 15.10.2019 and directed the Ld. M.M. to decide the application as expeditiously as possible. It is further submitted that the Ld. M.M. has, however, dismissed the application vide order dated 17.10.2019.

5. It is further submitted that submissions were made before the Ld. M.M. that petitioners may be allowed to go Pakistan only and order be sent to Ministry of External Affairs and Immigration Department so that petitioners would not be able to fly anywhere else. However, no heed was paid to the said request. Ld. M.M. has passed the impugned order in haste, disregarded the principles of natural justice and in a biased manner. The order passed by Ld. M.M. is perverse. It is further submitted that petitioners are not going to flee from the process of law and therefore, it is prayed that in the interest of justice, the order dated 18.10.2019 be set aside and passports of the petitioners be released and they be allowed to visit Pakistan to attend religious ceremony from 06.11.2019 to 15.11.2019.

6. Ld. Counsel for the petitioner has relied upon a case titled ‘Subash vs. State, Crl. R.C. no. 111 of 2019, decided on 01/02/2019’ wherein Hon’ble High Court of Madras has held that the order regarding condition to surrender the petitioner’s passpo