Calcutta High CourtCRM (DB)/941/2024allowed

Jamaluddin @ Jamal v. State Of West Bengal

2024-04-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.03.2025 Item No.76 Ct. No. 26 CHC C.R.M.(DB) 941 of 2024 IA NO:CRAN/1/2025 In Re:- An application for modification or relaxation of condition of bail.

And In the matter of : Jamaluddin @ Jamal ...... petitioner Mr. Deepak Kumar Prahladka, Advocate Mr. Sarfaraz Hossain, Advocate Ms. REshmi Khatun, Advocate ....for the petitioner Mr. Arup Sarkar, Advocate ....for the State

1. Petitioner prays for relaxation of the condition of the order granting bail dated April 4, 2024 requiring the petitioner to remain within the District of South 24 Parganas.

2. Learned advocate appearing for the petitioner relies upon the order dated October 21, 2024 passed by the Hon'ble Supreme Court in Criminal Appeal No.4286 of 2024 [Akbal Ansari vs. State (N.C.T. of Delhi)] in support of the contention that, requiring the accused who is granted bail to reside in Delhi till the conclusion of trial was held to be not a condition of bail.

3. Learned advocate appearing for the petitioner submits that, petitioner was required to stay within the jurisdiction of South 24 Parganas and attend Netaji Nagar Police Station once in a week. Petitioner is unable to

reside at his permanent address at Katihar, Bihar. Moreover, petitioner is unable to bear the rental accommodation to stay within the jurisdiction of South 24 Parganas.

4. Learned Advocate appearing for the State submits a report which be taken on record.

5. Record speaks of criminal antecedents so far the petitioner is concerned.

6. There is a police case registered as against the petitioner prior to the order granting bail. The report also speaks of the petitioner being barred from entering into the certain localities in Katihar, Bihar by an order dated October 27, 2015.

7. Petitioner will submit the exact address at Katihar where he seeks to reside as also whether he suffers any legal impediment in residing such place by reason of any order passed against him by any Court.

8. List the application on March 27, 2025.

(Debangsu Basak, J.) (Smita Das De, J.)