Calcutta High CourtCRM (SB)/53/2024disposed

Goutam Das And ORS v. The State Of West Bengal

2024-05-03Hon'Ble Justice Suvra Ghosh3 pages

02.08.2024 Item No.22 Ct.No.34 rc.

C.R.M. (SB) 53 of 2024 with CRAN No. 1 of 2024 In Re : An Application for relaxation of condition of bail under Section 439 of the Code of Criminal Procedure. And In Re :

Goutam Das & Ors.

Vs State of West Bengal & Ors.

Mr. Bikash Chandra Halder ... For the Petitioner.

Mr. Tapas Bhanja ... For the Customs Authority The petitioners seek relaxation of the condition of bail imposed upon them vide an order passed on May 03, 2024 in CRM (SB) No. 53 of 2024. The condition imposed at the time of granting bail is set out hereunder - "If, on bail, the petitioners shall stay within the jurisdiction of the ld. CMM, Kolkata and shall meet with the investigating officer of the case once a week for a period of next three months from the date of their release. If the investigating officer requires further attendance of the petitioners, an application may be advanced by the investigating officer before the ld. ACJM, Haldia, who would exercise his discretion for

extending and/or modifying the conditions so imposed."

Learned counsel for the opposite party submits that the petitioners have complied with the condition of bail and have met the Investigating Officer of the case once a week for a period of three months from the date of their release. Learned counsel further submits that the Investigating Officer has not filed any application before the learned Additional Chief Judicial Magistrate, Haldia in terms of the order. No adverse report is found against the petitioners. In view of the above,this Court is inclined to hold that since the period of three months from the date of release of the petitioners is over, no further condition is required to be imposed upon the petitioners. However, the petitioners shall cooperate in investigation of the case which is still in progress and shall meet the Investigating Officer as and when called for.

CRAN No. 1 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)