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Calcutta High CourtCRM (DB)/118/2025allowed

Rashid Miya v. State Of West Bengal And ANR

2025-02-12Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

17.03.2025 Item no. 455.

Court No.29.

AB CRM (DB) 118 of 2025 With CRAN 1 of 2025 In the matter of : Rashid Miya ......Petitioner. Md. Bani Israil ......for the Petitioner.

Mr. Debanshu Ghorai .....for the State.

Dictated by Arijit Banerjee, J.

1.

The petitioner was granted bail by an order dated February 12, 2025, inter alia, on the condition that he will furnish a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local. He says that he is a resident of Cooch Behar. It has not been possible for him to find out a local surety within the jurisdiction of Bhawgangola Police Station. He prays for modification of the conditions to the effect that he be permitted to furnish two registered sureties. 2.

We find that the petitioner is still in judicial custody as he has not been able to reap benefit of the bail order. 3.

Learned State Advocate, in his usual fairness, leaves the matter to the discretion of the Court.

4.

Since the petitioner has not been able to find out a local surety even after a month of having been granted bail, in the interest of justice, we permit him to furnish two registered sureties.

5.

The order dated February 12, 2025, stands modified to the above extent.

6.

We further clarify that the petitioner shall remain within the jurisdiction of Bhagwangola Police Station until further orders.

7.

All other conditions of bail as mentioned in the order dated February 12, 2025, remain unaltered.

8.

CRAN 1 of 2025 stands disposed of.

9.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)