Jammu & Kashmir High Court
Subash Paul And Another vs Ut Of J&K on 3 September, 2021
Sr. No. 85
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
CRM (M) No. 326/2021
CrlM No. 1018/2021
CrlM No. 1233/2021
Subash Paul and another .....Appellant/Petitioner(s)
Through :- Mr. Mohinder Singh, Advocate
v/s
UT of J&K .....Respondent(s)
Through :- Mr. Aseem Sawhney, AAG vice
Mr. Ravinder Gupta, AAG
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The present petition has been filed by the petitioners under section
482 Cr.P.C. for the setting aside the order dated 20.05.2021 passed by the
Court of Principal Sessions Judge, Samba (hereinafter to be referred as the trial
court) by virtue of which the application seeking permission to leave the
territorial jurisdiction of UT of J&K in terms of order dated 26.02.2021 has
been rejected.
2. The petitioners were granted bail in anticipation of arrest vide
order dated 26.02.2021 and one of the conditions imposed by the trial court
was that the petitioners would not leave the territorial jurisdiction of UT of
J&K without prior permission.
3. Thereafter, the petitioners filed an application before the trial
court seeking permission to leave the territory of UT of J&K in terms of order
dated 26.02.2021, however, the learned trial court dismissed the said
application vide order dated 20.05.2021. The petitioners have assailed the order
dated 20.05.2021 on the ground that the petitioners originally hail from West
Bengal and it is not possible for them to remain present at Bari Brahmana for
all times to come. It is further stated that the petitioners have also participated
in the investigation and even the investigating agency now does not want the
presence of the petitioners any more.
4. Mr. Mohinder Singh, learned counsel for the petitioners reiterated
the grounds urged in the petition. Besides, he submits that the petitioners are
the resident of West Bengal and have no place to stay at Bari Brahimana during
investigation and trial. He further submits that the petitioners may be permitted
to leave the territorial jurisdiction of UT of J&K.
5. On the other hand, Mr. Aseem Sawhney, learned AAG appearing
vice Mr. Ravinder Gupta submits that appropriate conditions may be imposed
on the petitioners so as to ensure participation of the petitioners during trial.
6. Heard learned counsel for the parties and perused the record.
7. During the pendency of this petition, this court vide order
16.07.2021 had permitted the petitioners to visit their native place with effect
from 20.07.2021 till 19.08.2021. The petitioners are also present before this
Court today, who are identified by their counsel, Mohinder Singh.
8. In view of the facts and circumstances of the case that the
petitioners are resident of East Habra, North Twenty Four Parganas, West
Bengal, so it would be injustice, if they are forced to remain in the UT of J&K,
which is not their native place. The only concern for which said condition was
imposed by the trial court was to secure the presence of the petitioners during
the course of investigation and during the course of trial. The presence of the
petitioners can be ensured by imposing other condition as well. The petitioners
have also complied with the order dated 16.07.2021 passed by this Court, by
virtue of which the petitioners were allowed to visit West Bengal for one
month only.
8. In view of the above, the petitioners are permitted to leave the
territorial jurisdiction of UT of J&K, subject to the following:
(i) that they shall inform their whereabouts on the last Saturday
of every month to the Investigating Officer; and
(ii) they shall furnish personal bond in the amount of Rs.
20,000/- each before the trial court for their appearance before the
trial court in the event the challan is filed against them.
9. Disposed of.
(Rajnesh Oswal)
Judge
JAMMU:
03.09.2021
Karam Chand/Secy.
