Calcutta High Court (Appellete Side)
Uday Bhuniya vs State Of West Bengal on 13 September, 2013
Author: Jayanta Kumar Biswas
Bench: Subal Baidya, Jayanta Kumar Biswas
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 Subal Baidya CRAN No. 1538 of 2013 Uday Bhuniya v.
State of West Bengal With CRAN No.2415 of 2013 With CRAN No.1963 of 2013 Ms. Joyita Ray ....for the petitioner Mr. Manjit Singh,PP Mr. Arnab Chatterjee .. for the State Heard on: September 13, 2013 Order on: September 13, 2013 Jayanta Kumar Biswas,J: The petitioner in this CRAN dated June 13, 2013 is seeking relaxation of a condition mentioned in an order of this court dated April 16, 2013 in CRM No.5318 of 2013 granting him bail.
The condition restrains the petitioner from entering Baruipur police station jurisdiction except for attending court proceedings and directs him to report two times in a week to the officer in charge of the police station of his place of stay after his release.
Advocate for the petitioner has submitted that by an order dated June 27, 2013 in a CRAN No.1539 of 2013 this court withdrew a similar condition imposed on the principal accused in the case. Mr. Public Prosecutor appearing for the State has strongly opposed withdrawal or relaxation of the condition.
The petitioner is accused of offences under ss.147/148/149/326/302/506/120B IPC, ss. 25/27 Arms Act and s.9B Explosives Act. The prosecution case is supported by eyewitness evidence. The restriction was imposed because of the nature of the offences and for safety and protection of the eyewitness.
We are unable to see how the order of this court dated June 27, 2013 in CRAN No.1539 of 2013 is of any assistance to the petitioner. That CRAN was filed by one Ratnakar Bag who was granted bail by this court by an order dated February 22, 2012 in 2 CRM No.2920 of 2012. It appears that this court directed him to report only to the officer in charge of the police station concerned two times in a week.
After considering all aspects, we are of the view that it will not be in the interest of justice and trial of the case to withdraw or relax the condition imposed on the petitioner.
For this reasons, we allow the CRAN No. 2415 of 2013 (for restoration), restore the CRAN No.1963 of 2013 (for restoration) to file, allow the CRAN No.1963 of 2013, restore the CRAN No.1538 of 2013 to file, and dismiss the CRAN No.1538 of 2013 on merits. Certified xerox.
(Jayanta Kumar Biswas,J.)
kc (Subal Baidya,J.)