IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 02.07.2025 MANISH MUNJAL ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Armaan Dahiya, Advocate and Mr. Manav Sharma, Advocate for Mr. Partap Singh, Advocate for the petitioner.

SANJAY VASHISTH. J.(Oral)

1. Instant petition has been filed u/s 528 of BNSS, 2023, for quashing of impugned order dated 07.04.2025 (Annexure P-5), passed by Ld. JMIC, Karnal, whereby, application for temporary release of Passport No.Z4705643 (Annexure P-11) of the petitioner, has been submitted as per condition No.8 of the order dated 13.02.2023, passed by Hon’ble High Court in CRM-M-4362-2023 (Annexure P-2), in case FIR No.975, dated 18.11.2022 (Annexure P-1), u/s 406, 420, 120-B of IPC, registered at P.S. Karnal Civil Lines, Distt. Karnal, Haryana.

2. On 19.05.2025, following order was passed:-

“1. At the outset, learned State counsel has filed the reply by way of affidavit of DSP (City), Karnal, on behalf of the respondent – State in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

2. After hearing the petitioner’s counsel, on 13.05.2025, following order has been passed:

“1. Instant petition has been filed u/s 528 of BNSS, 2023, for quashing of

impugned order dated 07.04.2025 (Annexure P-5), passed by Ld. JMIC, Karnal,

whereby, application for temporary release of Passport No.Z4705643 (Annexure P-11) of the petitioner, has been submitted as per condition No.8 of the order dated 13.02.2023, passed by Hon’ble High Court in CRM-M-4362-2023 (Annexure P-2), in case FIR No.975, dated 18.11.2022 (Annexure P-1), u/s 406, 420, 120-B of IPC, registered at P.S. Karnal Civil Lines, Distt. Karnal, Haryana. 2. Counsel for the petitioner contends that if the allegations are taken in its entirety, there is a dispute of amount of Rs.10.00 lakhs, allegedly having been received by the petitioner from the complainant, namely; Himanshu Bhatia. FIR was registered on 18.11.2022 (P-1) and since the time of registration of FIR, petitioner has never misused the concession of bail or any other process under the law. On each and every date, he has been appearing before the trial Court and even never sought exemption from his appearance.

Though the passport was deposited by the petitioner before the trial Court, as it was the condition while granting bail to the petitioner by this High Court, vide order dated 13.02.2023 (P-2), but that would not be mean to deny the petitioner to go abroad by seeking permission from the Court, as per law. Still learned Magistrate has dismissed the application for visiting abroad without looking at the invitation (Annexure P-10) for attending the business seminar of IMEX in Frankfurt 2025 in 2025, wherein, it has been intimated that the registration of the petitioner has already been confirmed.

3. Since, petitioner is in the same business, and earlier also, he has been regularly visiting to different countries, and said fact can be verified from the passport, wherein, the visa entries are available. Besides, petitioner undertakes that since its monetary dispute with the complainant, he is ready to deposit the requisite security amount before the learned Trial Court in the shape of FDR subject to its satisfaction, enabling him to avail a chance of going abroad.

4. Notice of motion.

5. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance and seeks time to get instructions and to file status report/reply, if any. Copy of the complete paper book has already been handed over to the learned State counsel.

6. Adjourned to 16.05.2025. 7. Learned State counsel is directed to verify the facts as stated by learned Counsel for the petitioner and recorded here-above, and then to file a comprehensive status report. To be shown in the urgent list.”

3. In addition to earlier submission