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Judgments of Supreme Court of India and High Courts

Soumyajit Ghosh vs Unknown on 1 October, 2019

1

Serial No.1. ( Assigned )
October 1, 2019.

SG

CRAN 3958 of 2019
in
CRM 6381 of 2018

In Re. An application for bail under Section 438 of the
Code of Criminal Procedure.

In the matter of: Soumyajit Ghosh
… petitioner.

Mr Sourav Chatterjee
Mr Anirban Banerjee
Ms Madhushri Dutta Majumder
… for the petitioner.

Mr Debajyoti Deb
… for the State.

Mr Phiroze Edulji
… for the de facto complainant.

CRAN 3958 of 2019 is an application, in effect, to vary the
conditions imposed on the petitioner while granting anticipatory
bail to him.

The petitioner is an accomplished table tennis player and
wishes to play in some tournaments in Europe and Indonesia.
Copies of the correspondence issued by the Table Tennis Federation
of India have been appended to the application to demonstrate that
the petitioner has been recommended and approved by TTFI to play
in the relevant European and Indonesian tournaments.

According to the petitioner, his passport remains deposited
with the trial court and he has a valid Schengen visa till or about
2

2020. The last of the three tournaments that the petitioner wants
to participate in concludes by November 19, 2019.

The de facto complainant is represented and says that she
may be permitted to use an affidavit in opposition. The de facto
complainant is the alleged victim. It transpires that the petitioner
married the de facto complainant, but the de facto complainant
says that she has been driven out from the matrimonial home and
she has been constrained to institute proceedings under Section
498A of the Penal Code and Section 125 of CrPC. It is the further
contention of the de facto complainant that the petitioner had left
the country previously in or about April, 2019 without leave of court
and in violation of a subsisting condition imposed on him for
granting anticipatory bail.

The petitioner is permitted to play in the European and
Indonesian tournaments for which the petitioner will have leave to
use his passport and travel to Europe and Indonesia any time after
October 4, 2019. The petitioner must, however, return by
November 22, 2019 and deposit his passport with the trial court.

This petition, though it has substantially worked itself out, will
now appear on December 6, 2019. It is hoped that Advocates for
the petitioner and the de facto complainant sit across the table and
work out an amicable solution since both the petitioner and the de
facto complainant insist that it is possible for them to live together.

Certified website copies of this order, if applied for, be urgently
made available to the parties upon compliance with the requisite
formalities.

3

( Sanjib Banerjee, J. )

( Abhijit Gangopadhyay, J. )

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