Manas Chandra Baral vs. Union Of INDIA
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Cause title — parties, addresses and appearances
ORDER 08.01.2024 Order No.
(Through hybrid mode)
This application under Section 439 (1) (b) of the Cr.P.C. has been filed for modification of the condition No.(e) and (f) imposed in the order dated 15.12.2021 by the learned 1st Addl. Sessions Judge, Rourkela in BLAPL No.532 of 2021 while releasing the petitioner on bail under Section -436 – A of the Cr.P.C , in connection with 2 (c) CC Case No.70 of 2019 which is a case under Section 132 (1) (b) (c) (f) and (i) of the Central Goods and Services Tax Act, 2017 and Section – 20 of the IGST, in the Court of the learned JMFC, Rourkela.
Condition No.(e) and (f) are extracted below: “(e) He shall record his presence before Sr. Intelligence officer, DGGI, Rourkela Regional Unit, Rourkela once every Sunday in between 4.00 PM to 5.00 PM till conclusion of trial. (f) He shall not leave the juri iction of the Trial Court without prior permission of the said Court and in case, he possesses a passport, he shall surrender the same before the Court within two days of his release.”
Sk. Zafarulla, learned counsel for the petitioner submits that the petitioner is a businessman residing at Rourkela. In connection with his
Bichi
work, he is required to travel within and outside Odisha. He and his wife are also required to travel to Bhubaneswar and Cuttack for consulting doctors. Condition No. (e) imposed by the learned Court below is causing him a lot of hardship and as he is unable to venture anywhere outside the juri iction of the trial Court without taking prior permission of the said Court. As investigation in the case is over, his presence before the Senior Intelligence Officer is no longer required. He further submits that as condition No.(d) requires that he shall appear the Court on each and every date to which the case shall stand posted, condition No.(e) and (f) may be waived.
Mr. T.K.Satapathy, learned Senior Standing Counsel appearing for the DGGI submits that the petitioner has been irregular in appearance before the Senior Intelligence Officer, DGGI and if the petitioner undertakes to appear before the learned Court below on each date fixed for trial not to leave the country without prior permission of the learned trial Court, the condition No. (e) and (f) may be modified.
Considering the submission of the counsel and as the case is of the year 2021, I deem it proper in the interest of justice to set aside condition No.(e) and modify condition no. (f).
The petitioner shall submit an undertaking before the learned trial Court that he shall appear on each date the case is posted for trial and shall not leave the country without prior permission of the learned trial Court.
The CRLMA is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
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(SAVITRI RATHO)
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.