This order grants liberty to petitioners on anticipatory bail to withdraw their challenge and approach the Sessions Judge for modification or relaxation of the bail conditions imposed by that court.
Liberty to withdraw application and approach Sessions Judge for relaxation of bail conditions within a week.
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11.12.2024 rc/ct.no.34 Item No.170
CRR No. 2950 of 2024
In the matter of : Mr. Ashmit Yadav & Anr.
…....Petitioners Mr. P.K.Gupta Mr. Sreyash Kumar Singh …for the Petitioners Mr. Satadru Lahiri Mr. Safdar Azam Syed Wasim Faruque …for the O.P.
The petitioners are aggrieved by the condition imposed by the learned Sessions Judge (In-Charge), Alipore, South 24Parganas in an order passed on June 13, 2024 in Criminal Misc. Case No. 1841 of 2024. In allowing the prayer for anticipatory bail of the petitioners, the learned Judge has directed the petitioners to pay 50% of the due amount within six months from the date of the order.
Learned counsel for the petitioners has placed reliance on the authority in Dilip Singh Vs. Sate of Madhya Pradesh & Anr. reported in (2021) 2 Supreme Court Cases, 779 and Bimla Tiwari Vs. Sate of Bihar & Ors. reported in (2023) 11 Supreme Court Cases, 607 and has submitted that such practice of imposition of conditions while dispensation of application for bail has been deprecated by the Hon’ble Supreme Court.
The petitioners seek to withdraw the present application and approach the learned Sessions Judge, Alipore, South 24-
2
Parganas for modification/ relaxation of the order impugned dated June 13, 2024.
Such liberty is granted.
In the event the petitioners file an application for relaxation/ modification of the order before the learned Sessions Judge, Alipore, South 24-Parganas within a week from date, the learned Judge shall consider and dispose of the application upon hearing the parties, in accordance with law.
Since the petitioners are on anticipatory bail, their personal appearance before the learned Sessions Judge, Alipore, South 24Parganas when the application shall be considered, is dispensed with.
CRR No. 2950 of 2024 is disposed of accordingly.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh,J)
Colour shows how this judgement treated each authority
Dilip Singh vs. State of Madhya Pradesh & Anr.Referred¶6
Dilip Singh vs. State of Madhya Pradesh & Anr. (2021) 2 Supreme Court Cases, 779
Bimla Tiwari vs. State of Bihar & Ors.Referred¶6
Bimla Tiwari vs. State of Bihar & Ors. (2023) 11 Supreme Court Cases, 607
Mr. Ashmit Yadav & Anr.
Mr. Satadru Lahiri Mr. Safdar Azam Syed Wasim Faruque
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
