Calcutta High Court (Appellete Side)
Sri Bhakti Nirmal Acharya Maharaj vs Unknown on 25 June, 2014
Author: Tapen Sen
Bench: Tapen Sen
5/06/2014 A.J. CRAN 2223 of 2014 In CRM 3146 of 2014 Re: An Application for relaxation and/or modification and/or waiver of conditions of bail being CRAN 2223 of 2014 filed on 9.06.2014 in connection with Nawadwip P.S. Case No.293 dated 13.11.2010 under Section 467/ 468/ 471/ 427/323/120B of the Indian Penal Code and Section 14 of the Foreigners Act.
In the matter of: Sri Bhakti Nirmal Acharya Maharaj @ Nemai Das @ Binod Bramhachari @ Bivash Sikder.
......Petitioner.
Mr. Sekhar Kumar Basu, Mr. Somopriyo Chowdhury, Mr. Arnab Sinha.
........For the Petitioner.
Ms. Amita Gaur.
.........For the State.
Mr. Kallol Mondal.
.......For the Defacto complainant.
RE: CRAN 2223 of 2014 Heard the learned senior Counsel for the petitioner, the learned Counsel for the State and the learned Counsel for the De facto-complainant.
This is an application for relaxation of the conditions of bail imposed upon the petitioner vide our Order dated 10.03.2014.
Pursuant to our Order dated 18.06.2014, the petitioner has filed a supplementary affidvit which is taken on record. In the said supplementary affidavit, it has inter alia been stated that the Rath Yatra festival of Lord Jagannath would be held at Puri in Orissa on 29.6.2014 and that it will end with the festival of Ulta Rath on 07.07.2014. During this period, the petitioner is said to be required to be present at the Puri Ashrama known as 'Sri Chaitanya Saraswat Math', Bidhaba Ashrama Road, Gourbadsahi, Puri, Orissa - 752001. The petitioner has given an undertaking stating that he will not stay anywhere else during his stay at Puri and that he undertakes to return on 08.07.2014 and report to any authority that this Court deems fit and proper.
Considering the aforementioned facts and circumstances, we relax the conditions of our Bail Order dated 10.03.2014 insofar as it relates to Clause no.3 is concerned. Clause no.3 reads as follows :-
"3. The Petitioner shall report to the concerned Police Station every fifteen days to mark his presence and he shall not leave the jurisdiction of the District concerned without leave of the Trial Court."
Accordingly, the said Clause is relaxed and the petitioner is allowed to travel to Puri so that he is able to make himself present there between 29.06.2014 and 08.07.2014. As per undertaking he should return on 08.07.2014. On his return, let him report and mark his presence on 09.07.2014 before the concerned Police Station.
Once he makes reports on 09.07.2014, this Order will be deemed to have lost its force. The application for relaxation of conditions of bail being CRAN 2223 of 2014 stands allowed. Urgent photostat certified copy of this Order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
( Tapen Sen, J. ) ( Asim Kumar Mondal, J.)