Hemanta Mandal v. State Of West Bengal

25.02.2022 sdas CRM 7626 of 2018 (CRAN 2 of 2020 (Old No. CRAN 882 of 2020) (via video conferencing) In Re : An application for relaxation of condition of bail under Section 439(2) of the Code of Criminal Procedure. AND In Re : Hemanta Mandal ........ petitioner Mr. Kunal Ganguly .... for the petitioner Mr. Narayan Prasad Agarwal Mr. Pratick Bose .... for the State Perused report of the department. Nothing adverse is disclosed against the petitioner in the report. Report is kept on record.

Learned Counsel appearing for the petitioner prays for relaxation of condition of bail of the petitioner and submits that due to the condition imposed on the petitioner not to enter the jurisdiction of Hirapur Police Station, he is residing away from his home for about four years. Charge has not yet been framed and there is little possibility of trial concluding in the near future. Subsequently, by order dated 28.09.2018 passed by a co-ordinate Bench of this Court, he was permitted to attend his office within Hirapur Police Station.

In view of the aforesaid facts, we direct the condition of bail imposed on the petitioner viz. not to enter Hirapur Police Station is waived. He shall, however, appear before the trial

court regularly and co-operate with the trial and shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event he fails to do so, learned trial court shall be at liberty to cancel his bail without further reference to this Court. Accordingly, application for relaxation of condition of bail being CRAN 2 of 2020 (Old No. CRAN 882 of 2020) is disposed of.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)