Calcutta High CourtCRM/1755/2021allowed

Sadhu Saran Paswan v. State Of West Bengal

2021-04-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta3 pages

10.08.2021 Item no.8.

Court No.32.

AB (Via Video Conference) CRM No. 1755 of 2021 With I. A. CRAN 1 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed in connection with Kulti Police Station Case No.189 of 2020 Dated 17.06.2020 under Sections 302/120B of the Indian Penal Code And In the matter of : Sadhu Saran Paswan ......Petitioner.

Mr. Apurba Kr. Dutta ...for the Petitioner.

Mr. Madhusudan Sur, Ld. APP, Mr. Monoranjan Mahato ......for the State. In re : I. A. CRAN 1 of 2021 The petitioner has filed this application praying for relaxation of one of the conditions on which bail was granted to him on April 22, 2021.

The condition was that the petitioner shall not enter the jurisdiction of Kulti Police Station and shall intimate his address to the Officer-in-Charge of the concerned Police Station where he will be residing while on bail.

Learned Advocate for the petitioner submits that his office is in Kulti and, therefore, unless the aforesaid condition is relaxed, he will suffer great prejudice.

Learned Advocate for the petitioner hands up copy of a letter dated 27.04.2021 written by a lady, claiming to be the petitioner's wife, to the Officer-in-Charge, Neamatpur Police Station, intimating an address in Purulia where the petitioner said that he would reside.

Copy of letter submitted on behalf of the petitioner be taken on record.

However, learned Advocate for the State has handed up a report dated August 1, 2021 from the Inspector-in-Charge, Kulti Police Station wherefrom it appears that the petitioner has been visiting his house in Kulti off and on from 25.07.2021. As on the date of the said report, the petitioner was present there. This is a flagrant breach of the aforesaid condition on which bail was granted to the petitioner.

Report submitted on behalf of the State be taken on record.

In view of the conduct of the petitioner, we are not inclined to entertain this application.

I. A. CRAN 1 of 2021 is, accordingly, dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)