Calcutta High Court (Appellete Side)
Pijush Kanti Giri vs Unknown on 31 July, 2014
Author: Tapen Sen
Bench: Tapen Sen
1CRA 586 of 2013 With CRAN 2837 of 2014 + CRA 466 of 2013 + CRA 569 of 2013 + CRA 536 of 2013 In Re: Pijush Kanti Giri.
31/07/2014 A.J. CRA 586 of 2013 With CRAN 2837 of 2014 + CRA 466 of 2013 + CRA 569 of 2013 + CRA 536 of 2013 Re: An Application for relaxation of condition of Bail being CRAN 2837 of 2014 filed on 18th July, 2014.
In the matter of: Pijush Kanti Giri.
......Appellant/Petitioner.
Mr. Amitabha Karmakar.
........For the Appellant/Petitioner. Mr. Kallol Mondal.
.......For the State.
RE: CRAN 2837 of 2014 This is an application for relaxation of condition of bail in connection with the main Appeal being CRA 586 of 2013.
We have heard the learned Counsel for the appellant/petitioner and the learned Counsel for the State.
This application being CRAN 2837 of 2014 is in the context of our Order dated 17.09.2013 passed in CRAN 2575 of 2013 granting the privilege of suspension of sentence to the petitioners therein with a further condition that in order to enjoy the privilege of suspension of sentence, they must report to the Contai Police Station every fortnight until further orders and in default, the privilege will then be liable to be cancelled.
2CRA 586 of 2013 With CRAN 2837 of 2014 + CRA 466 of 2013 + CRA 569 of 2013 + CRA 536 of 2013 In Re: Pijush Kanti Giri.
This petitioner being Pijush Kanti Giri who is one of the appellants/petitioners in the appeal, has now filed this application for relaxation of the said condition on the ground that his presence is required to attend to his ailing nephew and accompany his mother to Delhi for treatment in the all India Institute of Medical Sciences. The medical documents in support of the aforementioned condition have been filed with this application and in the background of these facts and circumstances, prayer is for relaxation of the said condition so as to enable this petitioner to stay at Delhi for six months. In paragraph '9', he has given a statement that after return, he will again report to the concerned Police Station as per the earlier order.
This application ought to have been listed 'For Orders' but because of the mistake of the Office it has been listed under the heading 'To Be Mentioned'. In the larger interests of justice we will not let technicalities come in the way and therefore, we will treat this application under the heading 'For Orders' for purposes of passing and disposing of this application.
We have also heard the learned Counsel for the State and he has left the matter to the discretion of the Court considering the ailment and the illness pleaded on the basis of submissions, pleadings and the documents brought on record.
Having given our anxious consideration to the application, we dispose of the application by relaxing the aforesaid condition imposed on 17.09.2013 only in respect of this petitioner, namely, Pijush Kanti Giri for a period six months. We make it clear that after the period of six months he must report to the Contai Police Station and mark his attendance failing which the concerned Police Authority has full liberty to proceed against this petitioner in accordance with law.
With the aforesaid observations and directions, this application being CRAN 2837 of 2014 stands disposed of.
Urgent photostat certified copy of this Order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
3CRA 586 of 2013 With CRAN 2837 of 2014 + CRA 466 of 2013 + CRA 569 of 2013 + CRA 536 of 2013 In Re: Pijush Kanti Giri.
( Tapen Sen, J. ) ( Asim Kumar Mondal, J.)