… Sashi Sharma v. Opposite Party Mr. Sarthak Nayak, Special Counsel for CBI Order No. 05. CORAM: JUSTICE
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMA No.510 of 2023 … Sashi Sharma Petitioner Mr. R.C. Maharana, Advocate Republic of India vs. ... Opposite Party Mr. Sarthak Nayak, Special Counsel for CBI Order No. 05. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 12.02.2024 (Through hybrid mode) 1. Perusal of the order dated 07.02.2024 reveals that there is a typographical error in the third line of the order, where it has been mentioned that the ‘petitioner’ is suffering from lower quadrant abdominal pain, it should be read as ‘daughter of the petitioner’. The said error is corrected. 2. This application under Section 439 (1) (b) of Cr.P.C. has been filed for modification of the condition imposed by the learned Special C.J.M. (CBI), Bhubaneswar on 15.12.2021 in S.P.E. Case No. 36 of 2014 while releasing the petitioner on bail in compliance of the order passed by the Hon’ble Supreme Court in Criminal Appeal No. 1601 of 2021 filed by the present petitioner and direct for release of her passport for two months so that she can go to New Zealand to attend to her daughter who is to undergo a surgery. The Hon’ble Apex Court had directed as follows:- Page 1 of 5 “In the circumstances, we direct the appellant to appear before the trial court within seven days from today with advance notice to the learned Public Prosecutor. The trial court shall, upon furnishing of such bond by the appellant, as the trial court may deem appropriate, direct release of the appellant on bail. It shall be open to the trial court to impose such conditions as the trial court may deem appropriate to ensure the presence and participation of the appellant in the proceedings pending before the trial court. Till such time, the trial court passes the order, the interim protection granted by this Court shall enure to the advantage of the appellant.” 3. Mr. R.C. Maharana, learned counsel for the petitioner submits that Neha Arora, daughter of the petitioner who resides in Napier, New Zealand is required to undergo an operation and letter to that effect has been issued on 26th January, 2024 by one Paula Draper of Hawkes Bay Wellness Centre, Kennedy Road Napier. And Inbox Report dated 30.10.2023 issued by Dr. Richard Cooper. G.P. of De Silva Terence, Hawkes Bay Wellness Centre Limited pertaining to ultra sound test of Neha Arora, the daughter of the petitioner has also been filed. He also submits that Surinder Kumar husband of the Page 2 of 5 petitioner is an accused in the case and trial has not commenced in the case. 4. Neither the nature of surgery to be undertaken or the medical condition of Neha Arora, the daughter of the petitioner is decipherable from the two documents. 5. Perusal of the report dated 09.02.2024 of the learned Special C.J.M. (CBI), Bhubaneswar reveals that pursuant to order dated 10.12.2021 passed in Criminal Appeal No. 1601 of 2021 on 17.12.2021, the Court had released the petitioner on bail and imposed conditions so as to ensure her presence and participation in the proceeding before the Court and the said conditions have been imposed to prevent the petitioner from fleeing from the reach of the Court by using her passport. As a consequence of the order, the petitioner has deposited her passport on 17.12.2021 before the learned court below and was released on bail and her petition dated 07.06.2023 with the prayer to return her passport for two months to enable her to go to New Zealand for treatment of her daughter has been rejected on 23.10.2023. It is further mentioned in the report that out of total 25 number of accused persons (7 numbers of companies and 18 numbers of accused persons), two accused persons have died, 13 numbers of accused persons have appeared Page 3 of 5 and have been released on bail and now the record is posted to 22.02.2024 for production of rest of the absentee-accused persons. 6. Perusal of order dated 13.10.2023 annexed as Annexure-1 to this petition reveals that NBW of arrest issued against accused Shri Dharam Dev Sharma (accused no.15), Ms. Nabhdeepika (accused no.10) and Smt. Ritu Sharma (accused no.11) have not been executed till that date and the case had been posted to 29.11.2023 for production of the absentee-accused persons and filing of passport of another accused namely Shri Vijay Kumar Verma (accused no.2). In other words, trial in the case has not yet started on account of non- execution of NBW against these three accused persons. 7. Mr. Sarthak Nayak, learned Special Counsel for CBI has objected to the prayer for release of passport stating that since the petitioner is an accused in a scam involving Rs.860 crores, the possibility of her avoiding the trial if she is allowed to leave the country cannot be ruled out for which the learned court below has rightly rejected her application for return of her passport for a period of two months. 8. In view of the submission of the learned counsel that Neha Arora, the daughter of the petitioner is required to undergo surgery in Napier New Zealand, I dispose of this application permitting the Page 4 of 5 petitioner to file a fresh application in the learned court below for release of her passport along with documents indicating the tentative date of surgery, the time required for recovery of surgery and the nature of surgery to be undergone by her daughter. 9. The petitioner should also furnish the address where the petitioner will reside in New Zealand, address of her daughter along with her active phone number/ mobile number as well as Google location so that if the petitioner is permitted to travel to New Zealand for treatment/surgery of her daughter, her presence during trial can be ensured. 10. Urgent certified copy of this order be granted on proper application. ………………………... (SAVITRI RATHO) JUDGE puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 15-Feb-2024 19:34:18 Page 5 of 5