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2025 DAILYLAW 12783 (GAU)

BARNALI DEVI v. THE STATE OF ASSAM

I.A.(Crl.)/527/2025 · 2025-05-25

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010107692025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/527/2025 BARNALI DEVI W/O SRI DEEPJYOTI UZIR RESIDENT OF FLAT NO. D4, SWASTIK PERL APARTMENT, AUGUST KRANTI PATAH, BELTOLA, GUWAHATI 781028, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A CHAMUAH, R BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 26.05.2025 Heard Mr. Y.L. Mahanta, learned counsel for the applicant as well as Mr. K. K. Das, learned Additional Public Prosecutor, Assam. This application has been filed praying for modification of the order dated 11.10.2018 passed by this court in BA No. 2369/2018. On that date, the petitioner was granted bail by this court on some conditions. One of the Page No.# 2/2 conditions was that the petitioner would not leave the territorial jurisdiction of the trial court without written permission from the trial court. The petitioner submits that her husband was earlier working at Tea Board, Guwahati and in the year 2024, he has been transferred to Jalpaiguri for which the petitioner needs to go Jalpaiguri frequently and it is causing hardship to her for taking written permission on every occasions. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that taking written permission from the trial court in every occasion shall cause hardship to the petitioner when she leaves Assam. Therefore, the said direction that compelled the petitioner to take written permission from the trial court when she would go out of Assam is modified. Accordingly, it is hereby directed that when the petitioner leaves the territorial jurisdiction of the trial court, her counsel shall take permission on her behalf. With the aforesaid direction, the interlocutory application is disposed of. JUDGE Comparing Assistant