Deepak Gupta v. Enforcement Directorate Govt. Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 9695 of 2022 Deepak Gupta ....

Petitioner Mr. H.K. Mund, Advocate -versusEnforcement Directorate, Government of India, Kolkata ...

Opposite Party G.K. Agarwal (For O.P. No.1)

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.01.2023 I.A. No.60 of 2023 06.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This interlocutory application has been filed by the Petitioner for modification of the condition No.(e) of paragraph-51 of the order dated 25.11.2022 passed by this Court in the aforesaid bail application wherein this Court directed that the Petitioner shall not leave the country under any circumstances and shall surrender his travel documents like passport etc., if not already surrendered before the trial court.

3.

Learned counsel for the Petitioner submits that the passport of the Petitioner has already been seized by the

Vigilance Department in the predicate offence. Therefore, in such view of the matter, this Court is of the view that any further order is not required to be passed as the condition imposed already takes care of such scenario.

4.

It is submitted by Mr. Gopal Kumar Agarwal, learned counsel appearing for the O.P. No.1-E.D. that the passport of the Petitioner must have expired in the meanwhile. Therefore, he apprehends that the Petitioner might apply for renewal of the passport.

5.

In such view of the matter, the Petitioner is directed to file an affidavit before the trial court that he has not apply for renewal of the passport and further indicate that he does not possess any other passport.

6.

The I.A. is, accordingly, disposed of granting liberty to the Petitioner to move an application for dispensing with his personal appearance before the Trial Court which shall be considered by the learned Trial Court in accordance with the provisions contained in Cr.P.C.

(A.K. Mohapatra) Judge Debasis