Babujan Ali @ Md. Babujan Ali And Others v. State Of West Bengal
18.09.2025 Court No.22 DL/Item No.-8 [Milan] CRR 3270 of 2025 In the matter of:
Babujan Ali @ Md. Babujan Ali & Ors.
versus The State of West Bengal Mr. Tapodip Gupta, Mr. Suman Bhanja ....for the Petitioners This revisional application, filed on behalf of the petitioners, challenges the order dated 19th February, 2025, passed by the learned Sessions Judge, Hooghly. The said order rejected their prayer for a modification of the bail conditions previously imposed. The petitioners, who are accused in Serampore Police Station Case No. 296 of 2024, were granted anticipatory bail by an order dated 5th September, 2024, with a specific condition to surrender before the learned jurisdictional court within two weeks. It is submitted by the learned counsel for the petitioners that they were unable to comply with the surrender condition due to the grave illness of a family member-specifically, the mother of petitioners Babujan Ali and Naushad Ali, and the wife of petitioner Maharam Ali, who was suffering from carcinoma. It is further submitted that the petitioners appeared before the court approximately five and a half months later to surrender, but their prayer was not entertained, and their application for
modification was subsequently rejected by the learned Sessions Judge.
Having perused the impugned order, this Court finds no irregularity, illegality, or impropriety in the decision of the learned Sessions Judge. The court was justified in finding no good ground to excuse the prolonged delay of five and a half months in compliance with the bail order.
Therefore, this revisional application, being CRR 3270 of 2025, is dismissed as not maintainable.
However, in the interest of justice and to ensure that a party is given a fair opportunity to present their case, the petitioners are granted the liberty to make a fresh application before the learned Sessions Judge, Hooghly.
There shall be no order as to costs.
An urgent photostat certified copy of this order, if applied for, should be given to the parties upon compliance with all necessary formalities.
(Uday Kumar, J.)