Calcutta High CourtCRR/2121/2023disposed

Bikramjit Debnath v. State Of West Bengal

2023-06-15Hon'Ble Justice Tirthankar Ghosh2 pages

15.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.45 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2121 of 2023 In the matter of : Bikramjit Debnath ... Petitioner.

Mr. Dattatreya Dutta ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Anwar Hossain, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The grievance of the petitioner is in respect of the order dated 12.05.2023 wherein the learned Judicial Magistrate, Kalna in G.R. Case No. 601 of 2018 was pleased to direct as follows :

"That the accused is hereby directed to submit a P.R bond of Rs.2,00,000/- for a period of one year subject to the following conditions:

1. That the accused no.1 Bikramjit Debnath shall made himself available as and when required.

2. That the accused shall not challenge the identity of the prosecution witness/ Accordingly the petition stands of."

Learned advocate for the petitioner submits that the period of one year so incorporated in the order dated 12.05.2023 is creating an impediment for regular renewal of the passport by the passport authorities. There is no

grievance in respect of the other conditions so imposed. Accordingly, the petitioner will prefer a fresh application praying for modification of the period.

The learned Magistrate would, instead of one year, allow the normal period which is fixed by the passport authorities for renewal of the passport with an additional condition that before leaving the country, the petitioner would inform the learned Judicial Magistrate, Kalna. If such an application is made, the same should be disposed of at the earliest, preferably within a period of four weeks from the date of communication of this order.

With the aforesaid observations, the revisional application being CRR 2121 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)