Imran Khan@Sahazada@Chokh Kana v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 897 of 2023 Imran Khan @ Sahazada @ Chokh Kana Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Debasis Kar, Adv. Mr. Subhojit Chgowdhury, Adv.

Mr. Arka Tilak Bhadra.

Heard on : 16.03.2023 Judgment On : 16.03.2023.

Bibek Chaudhuri, J.

The accused was enlarged on bail in a case under Section 135(1) of the Indian Electricity Act on condition that he would pay 20% of the outstanding bill. It was not possible financially for the petitioner to pay 20% of the outstanding bill. An application was filed on behalf of the petitioner for modification of the order. The said order was modified directing the petitioner to pay Rs.50,000/- as first installment and on deposit of such installment he would be released on bail. Thereafter while on bail, he was directed to pay the rest amount in equal monthly installment of Rs.50,000/- each for liquidation of arrear electricity bill.

The petitioner after being released on bail, failed to comply with such direction passed by the learned Trial Judge and accordingly, warrant of arrest was issued against the accused. Having heard the learned Advocate for the petitioner, this Court is of the view that if any further modification is required by the accused, he should move the Trial Court for modification of the order directing the petitioner to pay a lesser amount as monthly installment for liquidation of arrear monthly bill.

This Court is not in a position to entertain revisional jurisdiction in the instant matter where warrant of arrest has been issued for failure on the part of the petitioner to satisfy the condition of bail. In view of such circumstances, I do not find any merit in the instant revision and accordingly, the instant revision is summarily dismissed.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.07.

D/L.