(A.K. Sikri and Uday Umesh Lalit, JJ.)
Tarun Trikha _____________________________________ Petitioner;
v.
State of West Bengal _______________________________ Respondent.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4643/2015, decided on May 29, 2015
(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) Petition(s) for Special Leave to Appeal (Crl.) No(s). 4643/2015; CRAN No. 735/2015; CRM No. 11398/2013; and SLP (Crl) No. 4653/2015
The Order of the court was delivered by
Order
1. Mr. Amrendra Saran, learned senior counsel appearing for the petitioner, has submitted that the petitioner is facing trial in connection with FIR No. 149 of 2012 and FIR No. 133 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.
2. 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.
3. 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.
4. 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 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.
5. With the above observations and directions, these Special Leave Petitions are disposed of.
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