The court construed Section 439 CrPC and waived the condition requiring monthly meetings with the police officer, allowing the applicant to continue attending trial proceedings bailed out.
The condition to meet the Officer-in-charge, Baguiati Police Station once in a month was waived; other conditions remained unaltered.
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16.07.2021 Court No.30 rpan /15
in
C.R.M. 6616 of 2018
Via Video Conference )
In Re:- An application under Section 439(1)(b) of the Code of Criminal Procedure;
In Re : Rajib Sarkar @ Rajeev Sarkar - Applicant.
Mr. J. N. Chatterjee, Ms. Devi Priya Mitra
….for the applicant / petitioner. Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta
….for the State.
Mr. Chatterjee, learned advocate appearing for the
applicant/petitioner submits that the petitioner’s application for bail under Section 439 of the Code of Criminal Procedure was allowed on 27th August, 2018 with certain conditions. The said conditions were relaxed by an order dated 20th December, 2019 passed in CRAN 859 of 2019. He submits that the trial is at an advanced stage and the applicant/petitioner is regularly attending the court proceedings. In view thereof, further condition for meeting the Officer-in-charge, Baguiati Police Station once in a month may be waived.
Mr. Roy Chowdhury, learned advocate appearing for the State opposes the applicant’s prayer and submits that the allegations levelled against him are very serious.
Upon hearing the learned advocates and since the petitioner/applicant has complied with the earlier conditions and
2
is personally attending the court proceedings on all the dates as specified for hearing, the condition to meet the Officer-in-charge, Baguiati Police Station once in a month is waived. The other conditions shall remain unaltered.
The application, being CRAN 2 of 2021, is disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether the condition to meet the Officer-in-charge once a month may be waived from the bail conditions.
1 provisions across 1 enactments
Rajib Sarkar @ Rajeev Sarkar
State
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
