Biswajit Dolui @ Biswajit Dolai v. State Of West Bengal

CRM No.516 of 2020 with CRAN No.1 of 2020 09.07.21 (S.R.) and CRAN No.2 of 2020 Via video conference Sl.03 Ct.30 In re: Application for modification of the order dated 15.01.2020 passed in CRM No.516 of 2020;

And In re: Biswajit Dolui @ Biswaji Dolai ... petitioner.

Mr. Saibal Bapuli, APP Mr. Narayan Prasad Agarwala Ms. Sayanti Santra ... for the State.

The present application being CRAN 2 of 2020 has been preferred, inter alia, praying for modification of the order dated 15th January, 2020 passed in CRM No.516 of 2020.

Records reveal that by an order dated 15th January, 2020, the petitioner's application for anticipatory bail was allowed subject to a condition that the petitioner shall appear before the learned court below and pray for regular bail within four weeks from the date of the order.

In the application it has, inter alia, been averred that due to the pandemic situation and since the petitioner was not intimated about the order dated 15th January, 2020 by his learned advocate, he could not appear before the learned court below and pray for bail within the period specified.

We have heard Mr. Bapuli, learned advocate appearing for the State and have considered the averments made in the application. Let the report, as filed by Mr. Bapuli, be kept on record. The present application has been preferred about one year after the disposal of the application for anticipatory bail being CRM No.516

of 2020. The explanation given as regards the petitioner's inability to appear before the learned court below and to pray for regular bail, is not acceptable.

Accordingly, the applications being CRAN No.1 of 2020 and CRAN No.2 of 2020 are dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)