The main legal point established is the court's authority to grant an extension of time for travel abroad, subject to specific conditions and undertakings, including the requirement for written permission to apply for a passport with a pending criminal case.

JUDGMENT

Arvind Singh Sangwan, J. —Prayer in this application is for extension of time granting to the applicant-appellant, vide order dated 29.09.2017, for travelling abroad i.e. USA.

2. Counsel for the applicant/appellant submits that the applicant/appellant was granted permission w.e.f. 01.11.2017 till 01.01.2018, subject to furnishing bonds in the sum of Rs. 50 lacs with one surety in the like amount besides bank guarantee in the sum of Rs. 10 lacs of nationalized bank to the satisfaction of learned Chief Judicial Magistrate and with further undertaking that the applicant-appellant will return in India within a period granted by this Court.

3. Counsel for the applicant/appellant submits that the appellant has already applied for obtaining a passport and as per one of the condition in the application for applying for passport, as per the Government notification dated 25.08.1993, it is provided that if a criminal case is pending against an applicant in any Court, the applicant can apply for a passport subject to the conditions that he has enclosed a valid written permission granted by the Court allowing the applicant to travel abroad. Counsel for the applicant/appellant submits that he has already applied for the passport and in the intervening period the time prescribed by this Court has lapsed.

4. Notice of the application to Advocate General, Haryana.

5. Mr. Kanisth Ganeriwala, AAG, Haryana, who is present in Court, accepts notice on behalf of the respondent-State, and has no serious objection to the prayer of the applicant/appellant.

6. In view of the same, this application is allowed. The time granted by this Court vide order dated 29.09.2017 is extended on the same terms and conditions and the applicant/appellant-Punjab Singh is allowed to visit USA. Since the process for obtaining the passport as well as visa may take some time, the permission is granted to the applicant-appellant for a period of two months' from the date of departure from India. However, it is clarified that after the petitioner has obtained passport/visa, he will again submit an undertaking before the Chief Judicial Magistrate by giving intimation of his date of departure and arrival in India in terms of this order as well earlier order dated 29.09.2017.