Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Chirag Kumar Sardana – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
CRM-28939-2025 Allowed as prayed for.
MAIN CASE
1. The present petition has been preferred under Section 528 of BNSS , 2023 for quashing of order dated 05.06.2025 (Annexure P-52) passed by learned Sessions Judge, Hisar in case stemming from FIR No.72 dated 27.02.2023 registered under Sections 420 , 467, 468, 471, 193 and 199 of Indian Penal Code, 1860 and Section 25 of Arms Act, 1959 at Police Station Civil Lines, Hisar, District Hisar (Annexure P-39), whereby, the application filed by the petitioner, seeking release of his passport till 05.01.2026 has been partly allowed till 12.08.2025.
2. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the FIR (supra). He further contends that the petitioner is reputed sportsman and earlier, he has participated in various shooting competitions at the national and international level. Further, the petitioner has received invitation to participate in the international shooting camps in Slovenia (Europe) and USA, which is concluding on 31.12.2025 as discernible from Annexure P-50. Learned counsel submits that the said invitation was duly placed before the lea
The right to travel abroad is a fundamental liberty, and courts must balance this right with the necessity of the accused’s presence in trial proceedings.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
Bail conditions can be modified under inherent powers to prevent undue hardship to the accused while maintaining the integrity of the trial and respecting personal liberties.
The main legal point established is that surrendering passports as a bail condition does not amount to impounding, and the court should consider the social value of the freedom to go abroad and the h....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
