This order modified a bail condition requiring court leave for the petitioner to leave the trial court's jurisdiction, replacing it with a requirement to file an information memo detailing purpose and duration.
Condition modified to allow leaving jurisdiction by filing an information memo regarding purpose and duration.
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BLAPL NO. 1693 of 2015
Misc. Case No.94 of 2016
17. 27.10.2016 Heard.
The petitioner has filed this Misc. Case for modification of condition No. (i)
to the effect that the petitioner shall not leave the jurisdiction of the trial court without
leave of the said court.
It is submitted by learned counsel for the petitioner that the petitioner is s
acrosanctly following the said conditions since the date of the order passed by this Court, bu
t as he is a leader associated with many organizations, it becomes difficult for him to obtain
the leave of the court each time and sometimes also, the trial court has rejected his petitio
n on the ground that the High Court having imposed the aforesaid condition, it is not proper f
or him to grant leave, though there is no trial on the date, on which the petitioner wants to
leave.
Taking into consideration submissions advanced, the aforesaid condition is mod
ified to the extent that the petitioner shall leave jurisdiction of the trial court indicating
his purpose of leaving and duration of leaving by filing a memo before the learned trial cour
t. The memo shall only be an information to the court about the absence of the petitioner with
in the jurisdiction of the trial court, but, if the trial is scheduled to be held during the d
uration, the petitioner wants to leave, the petitioner may, however, be asked to remain presen
t on the date of trial.
With the aforesaid modification, the Misc. Case is disposed of.
Urgent certified copy of this Order be granted as per rules.
.
Subha C.R. Dash, J.
3
The Petitioner
Subha C.R. Dash
As recorded by the court registry
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