MV Muralidaran, J
Mr. N. Ibotombi, learned senior counsel appears for the petitioner. Mr. H. Samarjit, learned Public Prosecutor appears for the respondent.
The petitioner earlier has filed the AB No. 21 of 2017 seeking Anticipatory Bail for the FIR No. 244 (9) of 2017Imphal Police Station U/S
420/406/120-B IPC & 13(2) P.C. Act, 1988 was registered against the Applicant and 5 Ors.
Considering his case, this Court by order dated 16.10.2018 granting Anticipating Bail by passing the following orders.
Order dated 6.9.2017 reads as follows:
“14. It is further directed that,
(i) The petitioner shall make himself available for interrogation by a police officer as and when required.
(ii) That the petitioner shall not make any contact with any of the other persons named in the FIR and directly or directly, make any inducement, threat
or promise to any person acquainted with the facts of the cased so as to dissuade him from disclosing such facts to the Court or to any police officer
and
(iii) That the petitioner shall not leave India without the previous permission of the Court.â€
After granting the Anticipatory Bail dated 6.9.2017,this petitioner has filed an application Cril.M.C No. 12 of 2018 seeking prayer for granting the
permission to leave India for Study Tour for Singapore and Australia on 23.09.2018 to 20.10.2019.
Considering the case of the petitioner, this Court by order dated 16.10.2018 passed the following orders:
“After hearing learned counsel for the parties and on consideration of the materials available on record, this Court is of the considered opinion that
the the condition No.(iii) in the interim order dated 6.9.2017 may be relaxed for the period 20.10.2018 to 10.11.2018.
Accordingly, the applicant is permitted to leave India for the study tour at Malaysia and Singapore from 20.10.2018 to 10.11.2018.
It is however made clear that the applicant shall report before the Registrar General of this Court on 12.11.2018 without fail.
Miss case stands disposed of.
Copy of this order may be furnished to the learned counsel for the parties.â€
Now the present application being Cril. M.C No. 12 of 2019 has been filed seeking prayer to permit the applicant to leave India from 23.9.2019 to
20.10.2019 for study leave at Singapore and Australia.
When the matter came up on 24.09.2019, this Court directed the Registrar General of High Court that as per the order dated 16.10.2018 when this
Court granted leave to the petitioner from 20.10.2018 to 10.11.2018, directed the petitioner to report before the Registrar General of the High Court in
person on 12.11.2018. Therefore, this Court has directed Registrar General to file a report whether the petitioner appeared in person before the
Registrar General on 12.11.2018 or not.
The Registrar General filed its report dated 24.09.2019. The said report reads as follows:
“On verification of the case record of Cril. M.C. No. 2 of 2018 [Ref. : AB No. 21 of 2017], it is found that the petitioner did not report to the
Registrar General in person on 12.11.2018, but he submitted a letter dated 12.11.2018 addressed to the Registrar General through his Counsel
informing about his return to India on 11.11.2018 and that point of time, he was at Mumbai.â€
As per the above, it is made clear that apart from this, the senior counsel also filed the letter dated 12.11.2018 submitted by the petitioner before the
Registrar General which is produced before this Court. He has also filed the said letter dated 12.11.2018 along with E-tickets of the petitioner. Since
the petitioner returned to India on 11.11.2018 and at that point of time he was at Mumbai, therefore, he was unable to appear on that day i.e.,
12.11.2018.
Recording the submission, I have heard both the counsels for the petitioner as well as Mr. H. Samarjit, learned Public Prosecutor for the respondent.
Mr. H. Samarjit, learned Public Prosecutor for the respondent strongly opposed for granting leave to the petitioner since no charge sheet has been
filed in this case. This Court also came to know that the FIR was registered in the year 2017. Even after a laps of 2 years, no charge sheet has been
filed. Once the petitioner granted Anticipatory Bail on 6.9.2017 seeking permission for granting leave for leaving India but anyhow the petitioner has
filed the present application and I am inclined to pass the following orders:
i) This application is allowed.
ii) The petitioner is permitted to leave India for study tour at Malaysia, Singapore and Australia.
iii) Leave is granted for study tour at Singapore and Australia from 26.09.2019 to 23.10.2019.
iv) The Petitioner is directed to report before the Registrar General in person without fail on 24.10.2019.
