C.R.R. 392 of 2019
SB Court 29
In the matter of : Sukumar Rajgopalan
Mr. Moyukh Mukherjee
Mr. Koustav Lal Mukherjee
Mr. Abhijit Singh … For the Petitioner
The learned advocate appearing on behalf of the petitioner prays
for leave to amend the cause title in view of the fact that the petitioner is
actually challenging the impugned order dated 19.12.2018 and not the
order dated 10.08.2017 in this revision.
Leave is granted to amend the cause title.
The learned advocate appearing on behalf of the petitioner submits
as follows. On 23.05.2017 the de facto complainant lodged a First
Information Report against the present petitioner under section 498A of
the Indian Penal Code. Even without serving a notice under section 41A
of the Code, the petitioner was arrested. Subsequently, on 13.06.2017 the
petitioner was granted bail, inter alia, on the condition that he should
deposit his passport to the Investigating Officer of the case. It is true that
the passport was deposited and the said condition was not challenged
before any Court of law. Subsequently, the petitioner prayed for return of
the passport, but the same was refused by the learned Court below.
Perhaps technically the petitioner ought to have filed an application for the
relaxation of condition of bail. Be that as it may, the seizure of the
passport even by a Court is violative of the ratio laid down by the Hon’ble
Apex Court in Suresh Nanda vs. C.B.I. reported in AIR 2008 S.C. 1414.
Let the petitioner serve a copy of this application upon the State
through the learned Public Prosecutor and upon the opposite party no. 2
by speed post with acknowledgement due, within a week. An affidavit of
service to that effect shall be filed on the next date of hearing.
Let this matter appear under the heading ‘Contested Application’
two weeks hence.
Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J.)