The Court dismissed a criminal petition seeking to review and relax bail conditions prohibiting the accused from leaving Tripura and requiring appearance at trial court dates, finding no merit due to the nature of accusation.
No relief granted; petition dismissed.
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CRL.PETN. NO.43/2017
BEFORE
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
For the petitioner : Mr. A. Nandi, Advocate. For the respondent : Mr. R.C. Debnath, Addl. P.P.
10.07.2017.
Heard Mr. A. Nandi, the learned counsel for the petitioner. Also heard Mr. R.C. Debnath, the learned Addl. Public Prosecutor appearing for the State.
In this criminal petition, the petitioner is seeking the review of the condition No. (iv) and (v) of the bail order dated 14.10.2015 passed by this Court in Bail Application No.115 of 2015. The said two conditions are as follows:-
“(iv) The accused shall not leave Tripura without permission
of the appropriate Court;
(v) The accused shall appear before the trial Court on each and every date of hearing. In case, he absents himself on any date, then the trial Court shall cancel the bail and the accused shall be arrested. Thereafter, the said person shall have to approach this Court for grant of bail.”
Elaborate submissions have been made by the learned counsel for the petitioner pointing out the harshness of the aforesaid two conditions. According to the learned counsel for the petitioner, by the operation of these two conditions, the ability of the petitioner to earn his livelihood has been seriously affected.
In my opinion, the said two conditions were imposed by this Court after duly considering the nature of the accusation made against the petitioner.
Under the circumstances, I do not find any reason to relax or modify the aforesaid conditions. It shall always be open to the petitioner to move the trial Court seeking permission in terms of the aforesaid two conditions.
As there is no merit in this criminal petition, the same is dismissed.
CHIEF JUSTICE
Pulak
CRL.PETN. NO.43/2017
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2 issues framed by the court
Whether the conditions of the bail order, specifically restrictions on leaving state and appearance at trial court hearings, should be relaxed or modified?
Whether the petitioner is entitled to relief from the existing bail conditions due to lack of livelihood ability?
Petitioner
State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
