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2018 DIGILAW 113 (CAL)

In the matter of: Acharya Sarveshvarananda Avadhuta v. .

2018-01-16

DEBASISH KAR GUPTA, SHEKHAR B.SARAF

body2018
JUDGMENT : 1. Heard the learned Counsel appearing for the respective parties and perused the materials available in the case diary. 2. The petitioner has been enlarged on bail by virtue of an order dated July 20, 2015 passed in connection with the application for bail under Section 439 of the Code of Criminal Procedure with the following conditions: (a) The petitioner, amongst others, shall diligently face the trial without fail; (b) The petitioner, amongst others, shall surrender his Passport, if any, and shall not leave the country without the leave of the court; (c) The petitioner, amongst others, shall not try to intimidate or influence the witnesses in any manner whatsoever; (d) The petitioner, amongst others, shall not while on bail indulge in any unlawful or criminal activities. 3. In default, the bail shall stand cancelled. There was further direction upon the learned Trial Judge to commence the trial at an early date. 4. It is submitted by Mrs. Manju Agarwal (Manot), learned Advocate appearing on behalf of the petitioner, that none of the aforesaid conditions has been violated by the petitioner. Our attention has been drawn by Mrs. Agarwal towards a letter of invitation dated November 14, 2017 of the INTUITIVE SCIENCE ASSOCIATION “ANANDA MARGA”, Porto Alegre/RS/Brazil, inviting the petitioner to attend international conference “Dharma Maha Samelan 2018” scheduled to be held on and from February 10, 2018 to February 14, 2018 in Porto Alegre/RS/Brazil. According to Mrs. Agarwal, the Passport of the petitioner, namely Shanti Ranjan Mridha (@ Acharya Sarveshvarananda Avadhuta) bearing No. G2349100 has been lying in the learned Court below in compliance of the aforesaid order dated July 20, 2015. The above Passport has already expired. A prayer is made on behalf of the petitioner to allow him to attend the aforesaid “Dharma Maha Semelan 2018” in Brazil for the period mentioned hereinabove permitting him to renew the Passport as also to obtain Visa for above purpose. 5. The above Passport has already expired. A prayer is made on behalf of the petitioner to allow him to attend the aforesaid “Dharma Maha Semelan 2018” in Brazil for the period mentioned hereinabove permitting him to renew the Passport as also to obtain Visa for above purpose. 5. No material is produced before us by the learned State Advocate to show that any of the conditions mentioned in the order dated July 20, 2015 has been violated or that there is any material to show that in the event the condition of the bail of the petitioner is relaxed so far as the returning of the Passport, renewal of the same and obtaining of Visa are concerned, he will not attend the hearing of the trial on the next date, i.e. on February 20, 2018, which is the date fixed for framing of charges. 6. The above prayer of the petitioner is vehemently opposed by Mr. Arup Chandra Chatterjee, learned Advocate appearing on behalf of the de facto complainant, submitting that in the event the above condition is relaxed there is every possibility of absconsion of the petitioner and delay in proceeding with the trial in terms of the earlier direction of a co-ordinate Bench of this Court as also the Hon'ble Supreme Court. 7. On further perusal of the materials and after considering the rival submissions of the respective parties, we are inclined to relax the condition of bail imposed upon the petitioner by the order dated July 20, 2015 in connection with this application in the following terms and conditions: (i) The petitioner shall furnish a demand draft of Rs. 7. On further perusal of the materials and after considering the rival submissions of the respective parties, we are inclined to relax the condition of bail imposed upon the petitioner by the order dated July 20, 2015 in connection with this application in the following terms and conditions: (i) The petitioner shall furnish a demand draft of Rs. 25 lakh in favour of the learned Registrar General, Appellate Side of this Court, who shall deposit the same in the State Bank of India, Kolkata High Court SPB Branch, Samriddhi Bhavan, in a short-term fixed deposit for a period of one month and shall renew the same from time to time, if the occasion so arises; (ii) After depositing the aforesaid amount, the Passport of the petitioner standing in the name of “Shanti Ranjan Mridha” bearing No. G2349100, shall be returned to him by the learned Court below for a limited period to attend the international conference “Dharma Maha Samelan 2018” promoted by the INTUITIVE SCIENCE ASSOCIATION “ANANDA MARGA” scheduled to be held on and from February 10, 2018 to February 14, 2018 in Porto Alegre/RS/Brazil; (iii) On receipt of the above Passport subject to depositing of the aforesaid amount, which is a condition precedent for returning of his Passport to him, the petitioner will be at liberty to approach the competent authority for renewal of the same; (iv) In the event the Passport of the petitioner is renewed, he will be at liberty to approach the competent authority for issuing Visa in his favour for attending the internal conference “Dharma Maha Samelan 2018”, as mentioned in Clause (ii) for the aforesaid period for which he may leave the country seven days prior to the date of commencement of the above conference; (v) The petitioner shall come back to his place of residence in Kolkata, West Bengal, India, immediately after the above “Dharma Maha Samelan 2018” is over and not later than February 19, 2018; (vi) The petitioner shall attend the learned Trial Court on February 20, 2018 to enable the learned Court below to frame the charges in connection with G.R Case No. 520 of 2003 pending before the concerned learned Court below, as also surrender his renewed Passport, if any, together with the existing one in the learned Court below on the aforesaid date. (vii) After the petitioner returns back to Kolkata in terms of the aforesaid conditions and attends the learned Court below on February 20, 2018, he shall approach the learned Registrar General, Appellate Side of this Court for refund of his aforesaid amount of money and if such approach is made, the learned Registrar General shall return the aforesaid amount to him. 8. Therefore, the order dated July 20, 2015 passed in CRM 5803 of 2015 stands modified to the aforesaid extent other conditions remaining unchanged. 9. In the event of failure of any of the above conditions mentioned hereinabove for relaxation of his condition of bail, this order shall stand cancelled automatically and the learned Court below will be at liberty to proceed in accordance with law against him. 10. This application stands disposed of accordingly. 11. Photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities within January 18, 2018.