Shri.Haru Das v. The State

THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (NDPS)/1/2025 (IA NO: CRAN/1/2025) Shri Haru Das Vs The State Mr. D. Ilango ... for the petitioner Mr. Sumit Kumar Karmakar ... for the State November 18, 2025 [AKB] Item No.28 The petitioner has moved the application no.

CRAN/1/2025.

In the same, he has prayed for the following relief : "In view of the aforesaid circumstances, it is humbly prayed that Your Lordships may graciously be pleased to waive the bail condition regarding seeking permission to go to mainland from Port Blair to West Bengal.

And To pass such further order or orders, direction or directions as Your Lordships may deem fit and proper for the ends of justice."

Mr. D. Ilango, learned Advocate appearing for the petitioner has submitted that as per order of this Court dated January 10, 2025 the petitioner was granted bail with the following conditions :

"6. Accordingly, the petitioner shall be released on bail upon furnishing of a bond of Rs. 10,000/- with two registered sureties of like amount of each, to the satisfaction of learned Special Court under the NDPS Act, Mayabunder, subject to the condition that he shall not leave the Islands without prior permission of the Court concerned."

It is submitted further that the petitioner is now required to leave the Island to attend his expecting wife, who is going to deliver a child within a very short period of time. For the reason afrestated, the petitioner has prayed for waiver of the condition as mentioned above imposed by the Court while granting him bail.

Mr. Sumit Kumar Karmakar, learned Advocate appearing for the Union has raised strong objection to such contentions and prayer of the petitioner, as according to him the condition has been imposed by the Court considering the gravity of the offence alleged to have been committed by the petitioner and the trial of the case has only been started with framing of charge at it is at a nascent stage.

Having heard both the learned Advocates for the parties and considering the records, this Court finds that from the date of grant of bail to the petitioner, there is no allegation of misusing by him of the liberty granted by the Court. Also that at present his family seeks his assistance and support, both physically and mentally. Hence it is found proper to allow the petitioner to leave the Island. The petitioner is permitted to leave the Island for accompanying his wife who is at the matured stage of pregnancy at present, for a period of two months from today.

In partial modification of the Court's earlier order dated January 10, 2025 it is further directed that the petitioner should attend the Trial Court on every date fixed for trial; also the petitioner should record his appearance before the learned

Trial Court after two months, when he returns back from his wife's place to these Islands.

It is directed in further modification of Court's earlier order dated January 10, 2025, that henceforth the petitioner shall not leave the Islands, without prior permission of the learned Trial Court. The other conditions of the Court's order dated January 10, 2025 remain as it is.

With the directions as above, CRAN/1/2025 in connection with CRM (NDPS)/1/2025 is disposed of. (Rai Chattopadhyay, J.)