The central legal point established in the judgment is that the release of passports in connection with business commitments can be permitted, provided adequate sureties and bonds are furnished to ensure the accused's return.

S.S. Saron, J. - This order will dispose of Criminal Misc. No. 35639-M of 2004 and Criminal Misc. No. 35642-M of 2004.

2. Criminal Misc. No. 35639-M of 2004 has been filed by Arun Kapur and Criminal Misc. No. 35642-M of 2004 has been filed by Arun Kapur and Akshay Kapur. The prayer made in both the petitions is for the release of the passport of the petitioners, which have been deposited in pursuance of the orders of this court and also for permission to go abroad to various countries as mentioned in the prayer clause.

3. Case FIR No. 21 dated 1.2.2003 stands registered at Police Station Civil Lines, Sonepat for the offences under Sections 406, 419 and 420 Indian Penal Code against Arun Kapur. Besides, case FIR No. 22 dated 1.2.2003 stands registered at Police Station Civil Lines Sonepat under Sections 406, 419, 420, 467, 468 and 471 Indian Penal Code against both Arun Kapur and Akshay Kapur. It is, therefore, that aforesaid two separate criminal miscellaneous petitions have been filed for the release of passports to enable the petitioners to go abroad.

4. The case set up by the petitioners is that they have been falsely implicated in the respective cases. Arun Kapur is the son of shri B.D. Kapur and grand-son of Shri Janki Dass Kapur, who started Atlas Cycle Industries Ltd. He is the largest share-holder of the said company having more than 11% shares in M/s. Atlas Cycle Industries Ltd., which is a Public Ltd. Company. It is stated that the petitioner along with other family members is managing and controlling the diverse business of M/s. Atlas Cycle Industries Ltd. He was also designated as Assistant Joint President (Works) of M/s. Atlas Cycle Industries Ltd. and has been managing Malanpur Unit of Atlas Cycle Ltd. in Madhya Pradesh. Akshay Kumar, his son is also a major share-holder and was working as Assistant Vice President (Works) of the Sonepat Unit. It is stated that it is due to family dispute inter se between the family members, who control M/s. Atlas Cycle Industries Ltd. that false FIRs dated 1.2.2003 stand registered at Police Station, Civil Lines, Sonepat against the petitioners.

5. The limited prayer in this petition is for release of the passport as it is stated that the petitioners have to go abroad in connection with the business of the company. A similar application was moved before the learned trial Magistrate, which has been declined vide order dated 10.4.2004. The petitioners then filed Criminal revision before the Court of Session, which was dismissed on 5.5.2004 by the learned Sessions Judge, Sonepat. Hence the present petition.

6. Replies have been filed in both the cases, in which it is stated that the petition is not maintainable and is liable to be dismissed. It is stated that the matter regarding release of passport has been adjudicated by the trial Court as well as by the Sessions Judge, Sonepat in revision. It is submitted that there is apprehension that the petitioners will absent themselves in case the passports are released. Besides, disposal of the criminal case pending against them would be delayed for a long period. It is also stated that any other Director or Manager of the company or other suitable executive of the company can be sent to foreign countries in connection with the business and no irreparable loss or injury is going to be caused to the petitioner company in case, the petitioners themselves do not go abroad. It is stated that the very fact that involvement of the petitioners are in various companies and in various countries, they would not be available before the trial Court. Rather, the petitioners may pray for early disposal of their cases by having short adjournments. Therefore, it is stated that the petitions are liable to be dismissed.

7. Shri Bipan Ghai, Advocate, learned counsel appearing for the petitioners contends that the petitioners are entitled to go abroad in furtherance of the business prospects of the Company. He further contends that on all material dat