Supreme Court - Daily Orders
Tarun Trikha vs State Of West Bengal on 29 May, 2015
Bench: A.K. Sikri, Uday Umesh Lalit
1
ITEM NO.6 COURT NO.2 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4643/2015
(Arising out of impugned final judgment and order dated 27/03/2015
in CRAN No. 735/2015,27/03/2015 in CRM No. 11398/2013 passed by
the High Court Of Calcutta)
TARUN TRIKHA Petitioner(s)
VERSUS
STATE OF WEST BENGAL Respondent(s)
(with application for exemption from filing c/c of the impugned
Judgment and permission to file additional documents)
WITH
SLP(Crl) No. 4653/2015
(With appln.(s) for exemption from filing c/c of the impugned
order and appln.(s) for permission to file additional documents)
Date : 29/05/2015 These petitions were called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE UDAY UMESH LALIT
(VACATION BENCH)
For Petitioner(s) Mr. Amrinder Saran, Sr. Adv.
Mr. Sandeep Kapur, Adv.
Mr. Vivek Suri, Adv.
Mr. Mayank Dutta, Adv.
Mrs. Manik Karanjawala, Adv.
For M/s. Karanjawala & Co.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2015.05.29 17:23:24 IST Mr. Amrendra Saran, learned senior counsel appearing for Reason: the petitioner, has submitted that the petitioner is facing trial in connection with FIR No. 149 of 2012 and FIR No. 133 2 of 2013, both under Sections 419/420/409/406/120-B of the Indian Penal Code. He has been granted bail in connection with these FIRs. However, the custody of his passport has been taken by the trial court.
It is further stated that he is working as a consultant on the rolls of PT Pacific Royale Airways, which has the headquarter at Indonesia and for that purpose, he has to frequently travel to Indonesia. He had sought permission for travelling to Indonesia, which has been rejected by the High Court vide impugned orders dated 27.03.2015, affirming the order of the trial court.
Since the trial of the cases in the aforesaid FIRs may take some time, that should not be a reason not to allow the petitioner to travel in connection with his employment, as mentioned above. At the same time, it is also to be assured that he returns to India after finishing his work in Indonesia, takes part in the said criminal proceedings lodged against him and do not seek unnecessary adjournments.
Since the cases are under Sections 420 and 409 IPC and the total amount involved is around Rs. 40 Lakhs, we are of the opinion that the petitioner be allowed to travel to Indonesia, subject to the condition that he deposits a sum of Rs.50 Lakhs in the High Court of Calcutta. The said deposit should either be in cash or in the form of Demand Draft/Pay Order. The said deposit be kept by the High Court in an interest bearing Fixed Deposit. On deposit of the said 3 amount, the passport shall be released to the petitioner. However, it is made clear that the petitioner shall inform the Court about the date of leaving the country for Indonesia and shall also report back to the Court as soon as he comes back to India.
With the above observations and directions, these Special Leave Petitions are disposed of.
(Jayant Kumar Arora) (Suman Jain)
Sr. P.A. Court Master