← Library
Calcutta High CourtCRM(M)/683/2025disposed

Sumit Kumar Modak @ Tatai v. State Of West Bengal And ANR

2025-07-02Hon'Ble Justice Dinesh Kumar Sharma2 pages

07.08.2025 Court No.25 Sl. No. 28 Mujahid CRM (M) 683 of 2025 With CRAN 1 of 2025 In Re: An Application for relaxation of condition of bail being CRAN 1 of 2025 under Section 483 of BNSS, 2023 in connection with Nadanghat P.S. Case No.197 of 2025 dated 30.03.2025 under Sections 64(2)(a)(m)/75(2)/351(2) of BNS, 2023. And In the matter of : Sumit Kumar Madak @ Tatai Ms. Minoti Ghosh , Mr. D Banerjee ......for the petitioner.

Ms. Manasi Roy ......for the State.

In Re: CRAN 1 of 2025 1.

Learned counsel for the petitioner submits that though the petitioner was admitted to bail on 2nd July, 2025, but petitioner has not been able to come out of the jail for the reason for non-fulfillment of the bail conditions. Learned counsel submits that petitioner is a very poor person as he unable to produce two sureties with one of whom must be local. Learned counsel submits that trial court insists upon the title deeds and the petitioner cannot produce the same.

2.

Learned counsel for the State submits that appropriate order may be passed. It has repeatedly been held by the constitutional court that in case the petitioner is unable to fulfill the bail conditions. The court may pass appropriate order.

3.

Taking into account and facts and circumstances, let petitioner be released on furnishing two sureties in the form cash/FDR/Registered surety to the satisfaction of Learned ACJM, Kalna, Purba Bardhaman. Remaining contents of the order shall remain the same.

4.

Accordingly, CRAN 1 of 2025 stands disposed of. 5.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)