Smt. Anjana Mondal And ORS v. The State Of West Bengal

23.09.2024 SL No.46 Court No.29 (gc) CRAN 1 of 2024 In CRM (A) 1958 of 2024 In Re:- An application for modification/relaxation of the solemn order dated 24.06.2024.

And In the matter of : Smt. Anjana Mondal & Ors.

- Petitioners.

Mr. Prasad Bhattacharyya ....For the Petitioners.

Ms. Pinky Sarkar ... For the State.

Mr. Navanil De, Ms. Monami Mukherjee ....For the De facto Complainant.

1. The paragraph numbers in the order dated 24th June, 2024 shall be renumbered after paragraph 3 sequentially and paragraph nos.1, 2, 3, 4 and 5 in the 2nd page of the order shall read as paragraph nos.4, 5, 6, 7 and 8.

2. Let this correction be incorporated in the order dated 24th June, 2024.

Re: CRAN 1 of 2024

3. This is an application for modification and/or relaxation of the conditions imposed in the order dated 24th June, 2024.

4. This application was filed on 19th July, 2024. The ground for extension is that the petitioners could not arrange local surety within the time stipulated for which they could not appear before the jurisdictional court within two weeks from the date of the order allowing the anticipatory bail.

5. The Trial Court did not accept the cash surety when they appeared before the Trial Court on 5th July, 2024. Thereafter

on 9th July, 2024, they purchased NSC and on 10th July, 2024, they filed an application for anticipatory bail that was refused by the Trial Court.

6. The learned Counsel for the de facto complainant has strongly opposed the prayer for modification and/or relaxation of the conditions as according to Mr. Navanil De, learned Counsel appearing for the de facto complainant there has been a wilful and deliberate avoidance on the part of the petitioners to comply with the order.

7. The report filed by the Investigating Officer shows that they did not comply with the order dated 24th June, 2024 as they did not meet the I.O. as directed. The reason for not being able to meet the I.O. as submitted by the learned Counsel for the petitioners is non-acceptance of their surety bond by the Trial Court.

8. Considering the fact that the petitioners are now in a position to furnish surety in terms of the order dated 24th June, 2024, we extend the time to appear before the jurisdictional court within one week from date.

9. All other conditions shall remain unchanged. 10.

The report filed in Court is kept with the record. 11.

Accordingly, CRAN 1 of 2024 is disposed of with the aforesaid modification.

12.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)