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2011 Supreme(P&H) 614

PUNJAB & HARYANA HIGH COURT
S.S.Saron, J.
Paramjit Singh
Versus
State Of Punjab
CRM No. 3400 of 2011,
Decided On : FEBRUARY 23, 2011

The judgment established that personal circumstances, such as family events and career opportunities, can be considered in granting permission to visit abroad, even in cases involving serious criminal convictions.

Headnote:

Explosive Substances Act - Permission to Visit Abroad - Sections 4, 5 of the Explosive Substances Act, 1908; Section 25 of the Arms Act, 1959

Fact of the Case:

The appellant, convicted under Sections 4 and 5 of the Explosive Substances Act and Section 25 of the Arms Act, sought permission to visit the UK for his daughter's marriage. He had already served more than half of his sentence and had no pending cases against him.

Finding of the Court:

The court considered the appellant's substantial sentence served, his daughter's British citizenship, and her legal career. It also referenced a similar case where permission to go abroad was granted, subject to conditions.

Issues: The main issue was whether the appellant should be permitted to visit the UK despite his convictions under the Explosive Substances Act and the Arms Act.

Ratio Decidendi: The court found that the appellant's personal circumstances, including his daughter's marriage and her legal career, warranted granting permission to visit the UK, subject to imposing certain conditions to ensure his return.

Final Decision: The criminal miscellaneous application was allowed, and the appellant was permitted to visit abroad for two months, subject to specific conditions to ensure his return.

Judgment

1. The appellant-applicant Paramjit Singh alias Dhadi has filed the present criminal miscellaneous application seeking permission to visit United Kingdom for a period of two months during February and March, 2011.

2. Affidavit of Jatinder Pal Singh, PPS, Superintendent Maximum Security Jail, Nabha regarding the period of imprisonment undergone by the appellant-applicant filed in Court today, is taken on record.

3. Heard counsel for the parties.

4. The appellant-applicant Paramjit Singh alias Dhadi has been convicted by the learned Additional Sessions Judge, Jalandhar, vide order dated 04.01.2010 for the offences under Sections 4 and 5 of the Explosive Sub- stances Act, 1908 (Act-for short); besides, Section 25 of the Arms Act, 1959 (Arms Act-for short). The appellant-applicant has been sentenced to undergo rigorous imprisonment for five years; besides, pay a fine of Rs. 500/-and in default of payment of fine to undergo rigorous imprisonment for one month for each of the offences under Sections 4 and 5 of the Act. The appellant- applicant has also been sentenced to undergo rigorous imprisonment for one year; besides, to pay a fine of Rs. 200/-and in default of payment to undergo rigorous imprisonment for one month for the offence under Section 25 of the Arms Act. All the sentences have been ordered by the learned Additional Sessions Judge, Jalandhar, to ran concurrently.

5. In terms of the affidavit of Jatinder Pal Singh, PPS, Superintendent Maximum Security Jail, Nabha, the appellant-applicant uptill 30.11.2010 has undergone imprisonment for 3 years 7 months and 22 days. The appellant-applicant was released on bail on 30.11.2010. During the period of incarceration, the appellant-applicant Paramjit Singh alias Dhadi availed parole of 3 months and 8 days and he did not misuse the parole. Out of the sentence of five years, the appellant- applicant has undergone more than half of the sentence i.e. 3 years 7 months and 22 days uptill 30.11.2010; besides, as per the said affidavit, there is no other case pending against him. The appellant-applicant now wants to go abroad. His (appellant-applicant Paramjit Singh alias Dhadis) daughter namely Ravinderjit Kaur Gakhal is a British citizen. Her date of birth is 21.07.1978. Photostat copy of the opening sheet of her (Ravinderjit Kaurs) British passport has been placed on record as Annexure P-l. The daughter of the appellant-applicant, it is sub-mitted, has been practising Solicitor of the Supreme Court in England and Wales for the last 8 years and copy of the practising certificate for the period 2009-10 (Annexure P2) has been placed on record. It is submitted that the petitioner has been given to understand by his daughter that the certificates of practice are issued on yearly basis and her certificate for the year 2010-11 will come in due course. The civil marriage of the petitioners daughter has been solemnized with Amarjit Singh Mahey on 12.2.2011 in the District Register Officer, Wolverhampton. The marriage appointment letter (Annexure P-3) issued to Amarjit Singh Mahey and Ravinderjit Kaur Gakhal has been placed on record. The marriage according to Sikh rites and ceremonies is to be solemnized on 12.03.2011 at Guru Nanak Gurudwara Wolverhampton. A letter dated 12.12.2010 issued by Mr. Kulwant Singh Bains, President of the said Gurudwara has been placed on the record. It is submitted that in view of the letter, it is clear that Ravinderjit Kaur Gakhal is the daughter of the appellant-applicant and the family has been attending the said Gurudwara for the last over 30 years. The appellant-applicant is also a British National. The wedding reception of Amarjit Singh Mahey and Ravinderjit Kaur Gakhal is to take place on 13.03.2011 at Royale Banquenting Suite Limited, Wolver- hamptom. It is submitted that the appellant- applicant is a British National but he has his roots in India. He belongs to village Gakhal, Tehsil and District Jalandhar, which is on the outskirts of Jalandhar C












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