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2025 DAILYLAW 8179 (GAU)

SHRI SUSHIL KUMAR VERMA v. CENTRAL BUREAU OF INVESTIGATION

I.A.(Crl.)/180/2025 · 2025-03-05

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010039692025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/180/2025 SHRI SUSHIL KUMAR VERMA SON OF SH. RAM CHANDRA PRASAD, RESIDENT OF CORRESPONDENCE ADDRESS QTR. NO. 436, NAMBARI RAILWAYS FFICER COLONY, NEAR GOSHALA, MALIGAON, GUWAHATI - 781011 PERMANENT ADDRESS ALKAPURI, RATU ROAD, RANCHI (NEAR TARA GUPTA BUILDING), JHARKHAND - 834001. VERSUS CENTRAL BUREAU OF INVESTIGATION O/O HEAD OF THE BRANCH, ANTI-CORRUPTION BRANCH (OPPOSITE BALAJI TEMPLE) BETKUCHI, NH-37, GARCHUK - 781035 Advocate for the Petitioner : BEAUTY BARO, Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.03.2025 1. Heard Mr. R. K Mour, learned counsel for the applicant. 2. This application for allowing the petitioner to leave the territorial jurisdiction of the Trial Court from 10.03.2025 to 25.03.2025 for 16 days to meet his old aged mother-in-law and father-in-law residing at Rampur Tola, P.O- Bakhri Page No.# 2/3 Bazar, Bakhri, Begusarai, Bihar as well as his old aged father residing at Ranchi has been filed by the present petitioner, namely, Sri Sushil Kumar Verma. 3. The learned counsel for the petitioner has submitted that the petitioner is on bail in connection with Special Case No. 5/2022. It is submitted by the learned counsel for the petitioner that while bail was being granted in the said case, a condition was imposed on the petitioner that the petitioner shall not leave the jurisdiction of the Trial Court until completion of further investigation, if any, without permission of the Court. 4. The learned counsel for the petitioner has submitted that the petitioner has applied for leave from the Trial Court by filing an application dated 07.02.2025. The learned counsel for the petitioner submits that the said application filed by the petitioner before the Trial Court was not considered by the Trial Court as because an endorsement was made in the body of the petition itself to the effect that the proceeding of the case has been stayed vide order dated 16.12.2024 passed by the Hon’ble Gauhati High Court in Criminal Petition No. 1203/2024. 5. The learned counsel for the petitioner has submitted that the passport of the petitioner has already been submitted before the Trial Court. He also submits that the petitioner is abiding by the conditions imposed on him while he was granted bail. He fairly submits that on two occasions he had to leave the jurisdiction of the Court without informing the Trial Court. However, immediately after returning back, he informed the Trial Court about the same. 6. On the other hand, the Mr. M. Haloi, the learned Special Public Prosecutor submits that as the further investigation is going on, the matter may be relegated to the Trial Court so that it decides the petition filed by the present petitioner. 7. I have considered the submissions made by the learned counsel for the petitioner as well as the learned Special Public Prosecutor. Page No.# 3/3 8. It appears that the proceedings of the Special Case No. 5/2022 has been stayed by a Co-ordinate Bench of this Court in Criminal Petition No. 1203/2024 by order dated 16.12.2024. Hence, the petition filed by the petitioner may not be considered by the Trial Court and considering the urgency shown by the petitioner as well as grounds mentioned in the interlocutory application, this Court is intended to grant the leave to the petitioner to leave the territorial jurisdiction of the Trial Court for 16 days i.e., 10.03.2025 to 25.03.2025. 9. After returning back, the petitioner shall report to the Trial Court where the Special Case No. 5/2022 is pending. 10. With the above observation, this interlocutory application is accordingly disposed of. JUDGE Comparing Assistant