Research › Search › Judgment

Calcutta High Court · body

2000 DIGILAW 298 (CAL)

Bikash Som v. State of West Bengal

2000-06-21

DEBIPRASAD SENGUPTA

body2000
JUDGMENT This revisional application is against order dated 30.5.2000 passed by S.D.J.M., Katwa in Katwa P.S. Case No. 80/2000 vide G.R. Case No. 153 of 2000 under Sections 498A/323/34 I.P.C. whereby the learned Magistrate put some stringent condition at the time of granting bail to the petitioner. The petitioner has come up before this Court for modification/relaxation of some conditions. 2. It appears that the present petitioner was granted anticipatory bail by this Court on 24.5.2000 in connection with Katwa P.S. Case No. 80/2000 under the afore stated sections. While granting anticipatory bail to the petitioner this Court imposed condition that the petitioner shall not leave the jurisdiction of the concerned P. S. excepting for the purpose of attending Court. The petitioner, thereafter, appeared before the learned Magistrate and prayed for regular bail which was allowed by the learned Magistrate. The learned Magistrate imposed certain conditions and directed that the petitioner must not leave the jurisdiction of the concerned P. S. except for the purpose of attending the Court (as it was directed by this Court while granting anticipatory bail to the petitioner). 3. The learned Advocate appearing for the petitioner submits that the petitioner is an employee of West Bengal Police Telecommunication, and his place of posting is at Tollygunge, Moore Avenue, Calcutta-40. In support of his contention, the learned Advocate draws my attention to the Annexure-A at page 10 issued by Reserve Office Inspector, West Bengal Police Telecom, H. Q., Calcutta-40. 4. The learned Advocate submits that if the condition imposed by the learned Magistrate exists then it will not be possible for him to attend his office. In the circumstances, I think that this condition should be waived. 5. I have also heard the learned Advocate for the State who in his usual fairness does not oppose such a prayer. Accordingly, I allow this application and direct that condition imposed by the learned Magistrate asking the petitioner not to leave the jurisdiction of the concerned P. S. is hereby waived. However, the petitioner shall make himself available to the I. O. as and when required for the purpose of investigation. The application is thus disposed of. Let urgent certified xerox copy of this order be handed over to the learned Advocate for the petitioner if applied for.