Calcutta High Court (Appellete Side)
Sudhir Kumar Bhattacharya vs The State Of West Bengal on 8 November, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:-
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
and The Hon'ble Mr. Justice Dr. Mrinal Kanti Chaudhuri.
CRM No.12588 of 2013 Sudhir Kumar Bhattacharya v.
The State of West Bengal Mr. Subir Ganguly Mr. Sumanta Ganguly ... for the petitioner.
Mr. Tapas Ghosh Mr. Tanmay Chowdhury ... for the State.
Heard on:- November 8,2013.
Order on:- November 8,2013.
Jayanta Kumar Biswas, J:-The petitioner in this CRM under s.439(1)(b) CrPC dated September 11,2013 is seeking modification of a bail condition imposed by the court below on August 21,2013. The condition requires the petitioner to report to the police station concerned every Sunday.
The petitioner is accused of offences under ss.258/259/260/420/465/466/ 467/468/471/120B/409/406 IPC.
By an order dated February 25,2013 the court below granted the petitioner bail ordering that if released, he would report to Kandi police station on Sundays and Thursdays. By an order dated June 14,2013 the court below ordered that the petitioner would report to the officer in charge of Bharatpur police station on Sundays and Thursdays for a 2 period of two months. Then by the order dated August 21,2013 the court below ordered that the petitioner would attend the police station concerned every Sunday.
Mr. Ganguly appearing for the petitioner has submitted that the bail condition directing the petitioner to report to the police station has created undue hardship, because the investigation is going on and there is no sign of its completion. Mr. Ghosh appearing for the State has left the matter to the discretion of the court.
After considering all aspects, we are of the view that the condition should be modified. We do not find any reason to direct the petitioner to report to the police station or to any officer of the police station concerned.
For these reasons, we allow the CRM and order that the petitioner shall report to the investigating officer, during investigation, only when the officer will require him. Leave is granted to amend the case title. Certified xerox.
(Jayanta Kumar Biswas, J)
sh ( Dr. Mrinal Kanti Chaudhuri,J)
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