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Calcutta High CourtCRM (NDPS)/470/2023allowed

Devarsh More v. State Of West Bengal

2023-03-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

21.08.2023 CRAN 3 of 2024 tkm/ct 28 in sl no. 60 C.R.M. (NDPS) 470 of 2023 In Re : An application for relaxation of condition of bail under section 439(1)(b) of the Code of Criminal Procedure And In re : Devarsh More ...... petitioner Mr. Sabyasachi Banerjee Mr. Apalak Basu Mrs. P Bhoumik Ms. Nazir Ahmed Mr. S Chakraborty ............. For the petitioner Mr. Swapan Banerjee Ms. Suman De ............. For the State

1. Petitioner submits he has duly complied with the conditions of bail. No restriction on the movement on one of the co-accused namely Sk. Imroz @ Munna had been imposed while enlarging the latter on bail. Petitioner requires to go outside the city for business and other reasons. There is no possibility of the trial concluding in the near future. Hence, he prays for relaxation of condition of bail.

2. Learned lawyer for the State contends trial is in progress.

3. We have considered the materials on record. Only one witness has been examined. Prosecution proposes to examine 32 witnesses. There is little possibility of trial concluding in the near future. One of the co-accused has been enlarged on bail without restriction of his movement.

4. Accordingly, condition of bail imposed on the petitioner i.e to remain within the municipal limits of Kolkata and to report to the Officer-inCharge, Special Task Force P.S once in a month are waived.

5. He shall report to the said officer as and when necessary. He shall appear before the court below on every date of hearing without fail.

6. Other conditions of bail shall continue.

7. CRAN 3 of 2024 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)