Calcutta High CourtCRM/1831/2019disposed

Md Ajit Ali Molla & ANR v. State Of West Bengal

2019-11-29Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Rabindranath Samanta2 pages

CRAN No.3 of 2021 in CRM No.1770 of 2019 In re: Natu alias Yeamin alias Yeamin Mondal & Ors. .... Petitioners.

and CRM No.538 of 2019 In re: Motaleb Molla .... Petitioner.

with CRAN No.2 of 2021 in CRM No.1831 of 2019 In re:

Md. Ajit Ali Molla ... Petitioner.

07.09.21 (S.R.) Sl.11,12, & 13 Ct.30 (Via video conference) In Re: Applications for relaxation of condition of bail. Mr. Kamalesh Saha Mr. Kusal Kumar Mukherjee ...for the applicants / petitioners in all the applications).

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Sudip Ghosh Mr. Bitasak Banerjee ... for the State in CRAN No.3 of 2021.

Mr. Saswata Gopal Mukherjee, Ld. PP Ms. Faria Hossain Ms. Sonali Das ... for the State in CRAN No.2 of 2021.

Records reveal that three bail applications, being CRM No.1770 of 2019, CRM No.1831 of 2019 and CRM No.538 of 2019 were disposed of by a common order dated 11th March, 2019.

Mr. Saha assisted by Mr. Mukherjee, learned advocates appear on behalf of the applicants/petitioners in the application being CRAN No.3 of 2021 in connection with CRM No.1770 of 2019, CRM No.538 of 2019 and the application being CRAN No.2 of 2021 in connection with CRM No.1831 of 2019. On their prayer, the application being CRAN No.3 of 2021, so far as Habibulla Islam alias Habubulla is concerned, is dismissed as not pressed.

In respect of the other applicants, the learned advocates submit that they have complied with the conditions of bail and there is nothing adverse against them. The conditions contained in the order dated 11th March, 2019 were subsequently modified by an order dated 1st October, 2020. The trial is at an advanced stage. Four witnesses out of total thirteen witnesses have already been examined. The applicants are facing extreme inconvenience to comply with the condition to meet with the officer-in-charge of Shason Police Station once in a month. In the said conspectus, the applicants pray for relaxation of the said condition. Mr. Mukherjee, learned Public Prosecutor appearing for the State opposes the applicants' prayer and submits that they have not complied with the conditions of bail and in view of such conduct, the applicants are not entitled to the relief, as prayed for. Let the reports, as filed, be kept on record.

It appears from the reports that the applicants have not met with the officer-in-charge of Shasan Police Station, as directed and some of the applicants are currently involved in Shasan Police Station Case No. 185/21 dated 25th March, 2021.

Upon hearing the learned advocates and considering the reports, as filed, we are not inclined to relax the condition imposed upon the applicants to meet with the officer-in-charge of Shasan Police Station once in a month. Their prayer for relaxation is, thus, refused. The applications, being CRAN No.3 of 2021 and CRAN No.2 of 2021 are disposed of.

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