Abhilasha Rajgarhia v. State of West Bengal and Anr.
Case brief
What is this about?
Petitioner challenged an order where a Magistrate modified bail conditions to allow the accused to travel abroad if he submitted his address. The High Court held this violated Section 438(2) of CrPC, set aside the liberty, and directed applications for modification be filed before the Sessions Court.
What did the court decide?
The liberty granted by the Magistrate that the accused could travel abroad by submitting his address was set aside. The accused must approach the Sessions Court for any modification.
What the court decided
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side
Present:
The Hon’ble Justice Jay Sengupta
CRR 4 of 2021
With
CRAN 1 of 2021 CRAN 2 of 2021
Abhilasha Rajgarhia Vs. State of W.B. & anr.
For the Petitioner : Mr. Sabyasachi Banerjee : Ms. Shrestha Bhattacharjee : Mr. N. Chakraborty
For the State : Mr. Prasun Kumar Datta, Ld. APP : Mr. Imran Ali : Mr. Md. Kutubuddin For the O.P. : Mr. Sourav Chatterjee : Mr. Soumya Nag : Mr. Souvik Nandy
Heard on: 5th March, 2021
Judgment on : 5th March, 2021
Issues for consideration
3 issues framed by the court
Whether the learned Magistrate implicitly granted liberty to the accused to travel abroad in violation of bail conditions.
Whether the consent given for passport return covered the liberty to travel internationally.
Who has the authority to modify bail conditions regarding travel abroad.
Parties & counsel
- petitioner
Abhilasha Rajgarhia
- respondent
State of W.B.
- respondent
Opposite Party No. 2 (Husband/Accused)
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRR/4/2021
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