Lakhbinder Singh v. State Of West Bengal

15.01.2025 Item no. 1032.

Court No.29.

AB CRM (NDPS) 239 of 2023 With CRAN 2 of 2024 In Re: An Application for Relaxation of Conditions of Bail And In the matter of : Lakhbinder Singh ......Petitioner.

Mr. Joy Chakraborty, Mr. Sandip Dinda ......for the Petitioner.

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

Dictated by Arijit Banerjee, J.

1.

The petitioner was granted bail by a Coordinate Bench by an order dated February 17, 2023, passed in CRM (NDPS) 239 of 2023, inter alia, on the conditions that he shall remain within the jurisdiction of NDPS Police Station until further orders except for the purpose of attending court proceeding and shall report to the NDPS Police Station concerned once in a week until further orders.

2.

Subsequently the petitioner applied for relaxation of conditions of bail. A Coordinate Bench by an order dated July 7, 2023, modified the conditions of bail and directed the petitioner not to leave the State of West Bengal until further orders and to report to the Officer in charge of the police station within whose jurisdiction he shall reside once in a month until further orders. He Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 16 th of January 2025 11:43:52 AM

was further directed to appear before the Trial Court on each and every date of hearing.

3.

Now, the petitioner seeks relaxation of the two conditions of bail restraining him from leaving the State of West Bengal and directing him to report to the Officer in charge of the concerned police station once every month. He says that he has scrupulously adhered to the said conditions of bail. He is a businessman. The condition requiring him not to leave the territorial limits of West Bengal is causing prejudice to him.

4.

Learned State Advocate files a report, which be kept with the records.

5.

From the report, we do not find anything adverse against the petitioner. However, learned State Advocate opposes the petitioner's prayer for permission to leave the territorial limits of State of West Bengal. 6.

We have considered the facts and circumstances of the case. We are told that out of 13 charge sheet named witnesses, 1 witness has been examined in full and examination of the second prosecution witness is going on. Therefore, it is unlikely that the trial will conclude on an early date.

7.

Since the petitioner has been complying with the conditions of bail, we are inclined to allow his prayer. The conditions of bail requiring the petitioner not to leave the territorial limits of West Bengal and to report to the Officer in charge of the concerned police station

stand waived. However, the petitioner shall not leave the country without the leave of the learned Trial Court. He shall also report to the concerned Officer as and when called for.

8.

The other conditions of bail remain unaltered. 9.

CRAN 2 of 2024 is, accordingly, disposed of.

10.

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