Radhu Jaya Shetty v. State Of West Bengal

22.09.2023 4-12 sdas CRA 278 of 2020 + CRAN 1 of 2021 with CRA 281 of 2020 + CRAN 3 of 2023 with CRA 250 of 2020 With CRA 277 of 2020 with CRA 240 of 2020 + CRAN 2 of 2021 with CRA 254 of 2020 with CRA 282 of 2020 + CRAN 1 of 2021 with CRA 284 of 2020 + CRAN 1 of 2021 with CRA 42 of 2021 Mr. Milon Mukherjee, Sr. Adv.

Mr. Sourav Chatterjee Mr. Satadru Lahiri .... for the appellant [in CRA 278 of 2020] Mr. Debasish Roy Mr. Neil Basu Mr. Sankha Biswas .... for the appellant [in CRA 281 of 2020] Mr. Milon Mukherjee, Sr. Adv.

Mr. Manas Dasgupta Mr. Biswajit Manna Mr. Dattatreya Dutta .... for the appellants [in CRA 250 of 2020, CRA 277 of 2020, CRA 240 of 2020, CRA 254 of 2020 & CRA 284 of 2020] Mr. Milon Mukherjee, Sr. Adv.

Mr. Sandip Chakraborty .... for the appellant [in CRA 282 of 2020]

Mr. Sabir Ahmed Mr. Abdur Rakib Mr. Tasnim Ahmed Mr. Dhiman Banerjee Ms. Suman Biswas Mr. Soham Chakraborty .... for the appellant [in CRA 42 of 2021] Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ..... for the State [ in CRA 278 of 2020 & CRA 240 of 2020] Mr. Madhusudan Sur, learned APP Mr. Dipankar Paramanick ..... for the State [ in CRA 281 of 2020 & CRA 250 of 2020] Mr. Saibal Bapuli, learned APP Mr. Bibaswan Bhattacharya ..... for the State [ in CRA 277 of 2020] Mr. Neguive Ahmed, learned APP Ms. Amita Gaur ..... for the State [ in CRA 254 of 2020] Mr. Neguive Ahmed, learned APP Ms. Trina Mitra ..... for the State [ in CRA 282 of 2020 & CRA 284 of 2020] 1.

Perused the report. Defects in the Lower Court Records be corrected as soon as possible. Corrected Lower Court Records be placed before this Court on the adjourned date.

2.

Let the matter appear on 10th January, 2024.

In Re : CRA 281 of 2020 (CRAN 3 of 2023) In Re : Application for relaxation /modification of the conditions of bail.

And In Re. : Hari Singh ...... appellant/applicant

1. Learned Counsel for the appellant/applicant submits he is a resident of Agra and his father is seriously ill. Though he was released on bail in CRA 278 of 2020 he was unable to furnish sureties and avail the bail. Conditions imposed on him are more onerous than the other appellants. Hence, the bail/surety bonds be made more reasonable and conditions of bail i.e. to meet the prosecuting agency once in a fortnight and not to leave the limits of the city of Kolkata without informing the prosecuting agency be waived.

2.

Learned Counsel for the State submits appellant/applicant hails from a different State. He is accused in other cases. There is possibility of his abscondence.

3. We have considered the materials on record. It is true that the appellant/applicant hails from a different State and it is important to ensure that he is available during the hearing of the appeal and does not abscond. But he is unable to arrange sureties and is languishing in bail. His father is seriously ill. There is little possibility of the appeal being heard out in the near future. Balancing the aforesaid competing issues, the earlier order is modified and it is directed as follows : i) Appellant/applicant shall be released on bail upon furnishing bail bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk;

ii) He shall appear before the Trial Court once in a month till disposal of the appeal;

In the event he fails to do so, his bail shall be cancelled forthwith.

iii) Before his release he shall deposit his passport, if any, to the Trial Court;

iv) Earlier conditions imposed on him i.e. he shall meet the concerned prosecuting agency once in a fortnight and not to leave the limits of the city of Kolkata without informing the prosecuting agency are waived.

3. Other conditions of bail shall continue.

4. Accordingly, the application being CRAN 3 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)