Anowar Hossain Visti v. State Of West Bengal

10.

24.12.2024 Court No.29 (Tanmoy)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION IA No: CRAN/1/2024 Arising out of CRM 10315 of 2018 In Re: - An application for relaxation of condition of bail under Section 439(1) of the Code of Criminal Procedure, 1973 / Section 483(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Dholahat Police Station Case No. 137 of 2016 dated 24.3.2016 under Sections 324/326/307/302/120B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act r/w Section 9(b) of Indian Explosive Act.

And In the matter of: - Anowar Hossain Visti ...applicant/petitioner.

Mr. Shamik Bagchi Mr. Noor Islam Seikh ...for the applicant/petitioner.

Ms. Manisha Sharma Mr. Nirupam Dhali ...for the State.

Dictated by Arijit Banerjee, J.

1. The applicant/petitioner was granted bail by a co-ordinate Bench by an order dated December 10, 2018, passed in CRM 10315 of 2018, inter alia, on the condition that he shall not enter the jurisdiction of "Dholaghat" Police Station until further orders except for attending Court proceedings. The applicant/petitioner says that he has been scrupulously complying with all the conditions of bail. However, his mother is extremely ill. There is nobody to look after her. He seeks relaxation of the aforesaid condition of bail to be able to attend to his mother.

2. The State files a report today. Let the same be kept with the records.

It appears from the report that the

applicant/petitioner has been complying with the conditions of bail including the condition restraining him from entering the jurisdiction of Dholahat Police Station. We also see that there is little possibility of an early conclusion of the trial.

3. In view of the aforesaid, we are inclined to relax the condition of bail restraining the applicant/petitioner from entering the jurisdiction of Dholahat Police Station. The said condition of bail, therefore, stands waived.

4. The other conditions of bail shall remain unaltered.

5. The application being IA No: CRAN/1/2024, is accordingly disposed of.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)