Orissa High Court
Sandeep Kumar Choudhury vs State Of Odisha ..... Opposite Parties on 3 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.592 of 2024
Sandeep Kumar Choudhury ..... Petitioner
Represented By Adv. - M/s
Milan Kanungo,sidhartha
Das,s.k.pal
-versus-
State Of Odisha ..... Opposite Parties
Mr. Anil Kumar Nayak,
Counsel for OPID
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.02.2025
Order No.
1. This matter is taken up through Hybrid mode.
2. This interlocutory application has been filed with a prayer for
modification of the conditions imposed/waiver of the conditions in
the judgment dated 30.07.2024.
3. Mr. Kanungo, learned senior counsel appearing for the
Petitioner at the outset contended that while releasing the Petitioner
on bail, this Court had imposed certain conditions in Para-19 of the
order, specifically with regard to travel. In adherence to the aforesaid
conditions, the Petitioner was asked to surrender his travel
documents including the passport before the trial Court. One of the
aforesaid conditions was that the Petitioner shall not leave the
country without any specific permission of the trial Court. The
aforesaid conditions have been saught to be revised in the present
application. Learned senior counsel appearing for the Petitioner
further contended that the Petitioner is required to attend a round
table conference on environment protection, which is likely to take
place in UAE. Therefore, it was prayed that the Condition No.5 & 6
of Para-19 of the judgment dated 30.07.2024 be either waived or
suitably modified, enabling the Petitioner to attend the said
conference.
4. Learned counsel for the OPID on the other hand objected to
the waiver of the condition and has also filed an objection in Court
today and the same is taken on record. On perusal of the objection, it
appears that a Look-Out notice was issued against the present
Petitioner and on the strength of such Look-Out circular, the
Petitioner was arrested from Jaipur International Airport on
15.11.2023 while he was about to leave the country and his passport
was seized from his possession at the time of arrest and the same has
been shown in the seizure list. On the aforesaid factual background,
and arraying the conduct of the Petitioner, the learned counsel for the
OPID objected to the modification/waiver of the Condition Nos. 5 &
6 of Para-19 of the said judgment.
5. Having heard learned counsels appearing for the respective
parties, on a careful consideration of the submissions made, further
keeping in view the factual background of the present case, this
Court is not inclined to grant the waiver of Condition Nos.5 & 6 of
Para-19 of the judgment dated 30.07.2024. However, the said
conditions are modified to the extent that on an application being
filed by the Petitioner before the learned trial Court along with
proper documents, the learned trial Court shall provide opportunity
of hearing to both sides and in the event, the learned trial Court is
convinced, then the Petitioner shall be permitted to go abroad by
releasing his passport temporarily if so required and such permission
shall be subject to such terms and conditions as deemed just and
proper by the Court in seisin over the matter. However, in the event,
the trial Court is convinced that there exists a flight risk, then
necessary orders be passed in accordance with law.
6. With the aforesaid observations/directions, the I.A. stands
disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack Page 3 of 3.
