Ibnesina Biswas v. State Of West Bengal
13-09-2024 Ct. No.34 b.das CRR No. 2919 of 2024 In the matter of :
Ibnesina Biswas .... petitioner.
Md. Sabbir Biswas ...for the petitioner.
Mr. Arijit Ganguly Ms. Pallavi Priyadarshee ...for the State.
Heard learned counsels for the parties.
The petitioner seeks modification of the condition of bail imposed upon him vide order passed on 3rd June, 2024 in Criminal Misc. Case No.893 of 2024 by the learned Sessions Judge, Purba Bardhaman.
Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail under Section 438 of the Code of Criminal Procedure upon furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local having registered deed of landed property.
Since the petitioner is a resident of Murshidabad he is unable to furnish the local surety having landed property at Purba Bardhaman. The petitioner sought modification of the said condition before the learned Court
which was turned down by an order passed on 10th June, 2024.
It appears that the petitioner was granted anticipatory bail on 3rd June, 2024 and has not been able to surrender before the concerned Court in terms of the said order since he could not arrange for local surety having registered deed of landed property within the jurisdiction of Purba Bardhaman. The order does not indicate that the local surety should be a person having landed property in the district of Purba Bardhaman. Since the petitioner is a resident of Murshidabad, the order impugned dated 3rd June, 2024 be modified/clarified to the effect that the petitioner shall furnish local surety having registered deed of landed property within the district of Murshidabad.
The petitioner shall surrender before the concerned Court within seven working days from this date. The remaining conditions of anticipatory bail recorded in the order impugned shall remain unaltered.
In view of the above, the revisional application being CRR 2919 of 2024 is disposed of.
Case Diary be returned.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
( Suvra Ghosh, J. )