Calcutta High Court (Appellete Side)
Sadhan Barui vs The State Of West Bengal on 12 August, 2020
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1
9 12.8.2020 C.R.R. 1090 OF 2020
Sc with
C.R.A.N. 3403 OF 2020
(Via Video Conference)
-------------------
Sadhan Barui
-vs.-
The State of West Bengal Mr. Sudip Ghosh Chowdhury ....For the Petitioner.
Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Sanjib Kumar Dan.
....For the State/ Opposite Party.
Petitioner undertakes to affirm and stamp the application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
By the impugned order no. 2 dated 12th May, 2020 learned Additional District and Sessions Judge (in-charge), Kalna in connection with Misc. Case No. 65 of 2020 arising out of Kalna Police Station Case No. 345 of 2017 dated 10th July, 2017 under Sections 302/201 of the Indian Penal Code (G.R. 873/2017), the court granted bail to the petitioner of Rs. 4000/- with two sureties, of which one must be local subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Kalna. According to the learned advocate for the petitioner, since pandemic is going on, the petitioner, despite being favoured with bail order, could not find his escape by arranging registered surety with his supporting documents. Learned advocate for the petitioner proposes for modification of the condition of bail order granted by the trial court.
Mr. Bapuli, learned advocate for the opposite party submits that the petitioner could have approached the trial court granting bail for modification of the condition stating sufficient reasons. The filing of this revisional application, according to the State, is an unnecessary exercise.
2Upon consideration of the facts and circumstances of the case and also regard being had to the submissions raised by both the parties to this case, the revisional application be disposed of directing the petitioner to make an application before the trial Judge granting bail for modification of the condition of the bail order stating reasons, so that the court granting bail could be sufficiently convinced.
This Court makes it clear that in the event of any application for modification is filed by the petitioner supported by documents, the court would take a reasonable approach having regard to the pandemic situation surfacing over the country and would try to dispose of the same giving a rational approach thereto. With this direction, the revisional application stands disposed of.
Accordingly CRAN 3403 of 2020 also stands disposed of.
(Subhasis Dasgupta, J.)