This single-judge order modified the conditions of anticipatory bail granted to the petitioners, allowing them to furnish a registered surety in place of a local surety as the State opposed the prayer.
The order dated August 11, 2021 was modified to permit the petitioners to furnish a registered surety instead of a local surety.
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15. 08.10.2021 Ct.32 Tanmoy
IA No: CRAN 1 of 2021 In
C.R.M. 1297 of 2021
In Re: - An application for modification and/or relaxation of the conditions of anticipatory bail arising out of Ramnagar Police Station Case No. 319/2020 dated 17/12/2020 under Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, 1961.
And
In the matter of: - Prabir Dalai & Ors. ….petitioners. Mr. Aniket Mitra, Mr. Sk. Sahjahan Ali
…for the petitioners.
Mr. S.G. Mukherjee, Ld. P.P., Mr. M.F. Ahmed Begg …for the State.
By an order dated August 11, 2021 passed in C.R.M. 1297 of 2021, the petitioners were granted anticipatory bail. One of the conditions was that the petitioners shall furnish two sureties, one of whom must be local.
The petitioners say that in spite of best of efforts, they have not been able to find out a local surety. They pray that they may be permitted to furnish registered surety instead.
Learned Counsel for the State, in his usual fairness, does not oppose this prayer. We also do not find this prayer to be unreasonable. Such prayer is allowed.
Accordingly, the order dated August 11, 2021 is modified to the extent that the petitioners are permitted to furnish registered surety instead of local surety. The other portions of the order dated August 11, 2021 shall remain unaltered.
2
The application being IA No: CRAN 1 of 2021 in C.R.M. 1297 of 2021 is, thus, disposed of.
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
1 issue framed by the court
Whether a conditional anticipatory bail order requiring a local surety can be modified to permit a registered surety.
2 provisions across 2 enactments
Prabir Dalai & Ors.
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
