Dipankar Sarkar v. State Of West Bengal & ANR

30.06.2021 Item no.8 Ct. No.34 CHC C.R.M. No.12625 of 2017 (Through video Conference) In Re: An application under Section 439(2) of the Code of Criminal Procedure.

AND In the matter of:- State of West Bengal represented By Dipankar Sarkar ... petitioner Mr. Gautam Banerjee ...for the petitioner Mr. P. K. Datta, Ld. A.P.P.

Mr. Santanu Deb Roy ...for the State Learned advocate for the petitioner submits that he is not ready to conduct the case and prays for an accommodation. Mr. Datta, learned A.P.P. appearing for the State submits a report furnished by Officer-in-Charge, Memari Police Station. Let the same be kept with record.

The report reflects that there was condition imposed upon the accused while releasing him on bail to meet the Investigating Officer of the case once in a week until further order. According to the report, the accused Rahul Bajaj @ Ajoy Bajaj appeared at Memari Police Station and met the Investigating Officer on

19.09.2017 and 03.10.2017 and thereafter, he did not appear before the Investigating Officer.

Having regard to the fact that bail was granted on 21.08.2017, that is more than three and half year from date, I direct the learned C.J.M., Burdwan to assess whether the accused had been complying with the conditions or there has been violation of the conditions so imposed by the Court while releasing him on bail. Learned C.J.M. or the jurisdictional Court will assess the violations, if any, and thereafter, compel the appearance of the accused before the Court and impose such conditions, as he would deem fit and proper for progress of the trial of the case. With the aforesaid observations, C.R.M.12625 of 2017 is disposed of.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)