Calcutta High Court (Appellete Side)
Ashoke Baran Das vs The State Of West Bengal on 14 September, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 3465 of 2022
Ashoke Baran Das
Vs.
The State of West Bengal
Mr. Kallol Mondal
Mr. Rajdeep Mazumder
Mr. Krishan Ray
Mr.Souvik Das
Mr. Anamitra Banerjee
Mr. Samsher Ansari
...for the petitioner
Mr. Rudradipta Nandy, Ld. APP
Mr. Avik Ghatak
...for the State
Item No.18.
Heard & Judgment on: 14.09.2022
2
Bibek Chaudhuri, J.
The instant revision under Section 401 read with Section 482 of
the Code of Criminal Procedure is directed against an order dated 8 th
September, 2022 passed by learned Additional Sessions Judge,
Bench-II, Bichar Bhawan, Calcutta in connection with Special Case
No.06 of 2015 corresponding to CNR No.WBCS01-000628-2017 -ACB
Police Station Case No.06 of 2015 dated 28 th August, 2015 punishable
under Sections 13(1)(d)/13(2) of the Prevention of Corruption Act and
Section 120B of the Indian Penal Code.
The petitioner is an accused in respect of the above stated case.
It is recorded that during investigation of the above stated case police
arrested the accused and seized the passport of the petitioner.
Subsequently, vide order dated 25th January, 2021 the said passport
was returned to the petitioner for renewal with the direction to file the
same in the Court below after renewal on furnishing bond of
Rs.10,000/-. It is submitted on behalf of the petitioner that though
order of returning the passport for the purpose of renewal was passed
on 25th January, 2021, the petitioner actually received the said
passport for renewal from the Investigating Officer sometimes in
January, 2022.
In the meantime, there is another development. The daughter
of the petitioner got chance for further studies in the United Kingdom.
After renewal of the passport the petitioner prayed before his higher
authority to grant him leave with station leave permission to visit
United Kingdom in order to settle his daughter in the said foreign
state. The Controlling Authority of the petitioner granted permission
to the petitioner to travel United Kingdom for a limited purpose. On
the basis of such permission he obtained Visa and, therefore, he could
not deposit the passport immediately after renewal to the Court
below. Subsequently, the petitioner filed an application on 1 st
September, 2022 before the Court below with a prayer to permit him
to visit United Kingdom and to retain the passport for his journey with
his daughter. The learned trial Judge rejected the said petition vide
order dated 8th September, 2022
It is recorded in the said order:-
"The accused was directed by this Court, while returning
the Passport for renewal, to deposit the same after its renewal on
furnishing the bond of Rs.10,000/-. It appears that the Passport
was renewed and issued in favour of the accused by the Passport
Authority on 11/04/2022. Since then till date, the accused did
not deposit the Passport in this Court. He absolutely did not
obey the order of this Court. He has completed the entire
process to obtain VISA in the meantime without giving a single
intimation to this Court. Therefore, it is felt that this accused
does not have any good intention and there is high chance of his
absconding, if he is permitted to go abroad."
I have heard Mr. Mondal and Mr. Nandy, learned advocates
appearing for the parties. In course of his submission Mr. Nandy,
learned P.P.-in-charge has not expressed his apprehension on behalf
of the State that the petitioner would abscond if he is allowed to visit
United Kingdom. The Controlling Authority of the petitioner in its
administrative authority granted permission to the petitioner to visit
United Kingdom. He has obtained Visa for such purpose.
The petitioner has also filed a supplementary affidavit stating,
inter alia, that he has purchased ticket to visit United Kingdom on 16 th
September, 2022 and return on 29th September, 2022.
Mr. Nandy submits that in all there are three criminal cases
pending against the petitioner. In respect of Case No.06 of 2015 the
next date for consideration of charge is fixed on 26 th September,
2022. In respect of other two cases viz., Case No.05 of 2016 and
Case No. 03 of 2016 dates are fixed for consideration of charge on
27th September, 2022 and 14th November, 2022.
The Holding Officer on behalf of P.S., A.C.B. is present and
submits a report wherein he raises objection against the prayer made
by the petitioner.
The report be kept with the record.
I have considered the submissions made by the learned
advocates for the parties. The petitioner has been discharging his
duties as Superintendent of Engineer under the Public Health
Department under the Government of West Bengal. The Controlling
Authority of the petitioner on due consideration of his prayer granted
permission to visit abroad. It is submitted by Mr. Mondal, learned
advocate for the petitioner that the petitioner undertakes to appear
before the trial Court on 30th September, 2022.
In view of such circumstances, the impugned order dated 8 th
September, 2022 is set aside.
The petitioner is permitted to visit abroad on the strength of his
passport and Visa and also permitted to stay away from home town
from 16th September, 2022 till the morning of 30 th September, 2022
on condition that the petitioner shall submit photostat copies of Air
tickets and passport and also submit his address in the United
Kingdom where he will stay during his absence to the Investigating
Officer so that he may be tracked with further condition to appear
before the Court below on 30th September, 2022.
The learned trial Judge is directed to fix a date for consideration
of charge in the instant case after 30th September, 2022.
The Investigating Officer is directed to collect the passport of
the petitioner from the Regional Officer, Kolkata and to hand over the
same by 4 P.M. on 15th September, 2022.
The instant revision is, thus, disposed of.
The parties are at liberty to act on the server copy of the order.
(Bibek Chaudhuri, J.)
