Criminal

Subhash Chandra Yadav vs Unknown

The condition of bail is relaxed to the extent that the accused shall be released on bail bond of Rs.5000/- with one reliable local surety to the satisfaction of the learned A.C.M.M. The condition that the local surety should own landed property within the jurisdiction of the Court of the learned A.C.M.M., Calcutta is waived.

Calcutta High Court

(Appellate Side)

Subhash Chandra Yadav vs Unknown

C.R.R. No. 667 of 2013

DATE:  8 April, 2013

Mr. Soubhik Mitter, Mr. Abhijit Ganguly …For the petitioner

Mr. Siladitya Sanyal, Mr. Madhusudan Sur … For the State

Indira Banerjee [ J ]

In the matter of : Subhash Chandra Yadav … Petitioner

Re : An application under S.482 read with S.401 of the Code of Criminal Procedure.

This is an application for relaxation of the condition of bail granted vide Order No.3 dated 6th February, 2013 of the Chief Judge, City Sessions Court, Calcutta. The learned Judge directed that the accused might go on bail of Rs.5000/- with one local surety having landed property within the jurisdiction of the City Sessions Court, Calcutta to the satisfaction of the learned A.C.M.M., Calcutta. A further condition was imposed that if the accused was released on bail the accused would have to meet the Investigating Officer twice a fortnight, that is on Wednesday in the first week and on Friday in the following week and then every week alternately on Wednesday and Friday for the next three months, if charge sheet was not submitted earlier.

Learned Advocate appearing on behalf of the accused-petitioner submits that the petitioner who is from Uttar Pradesh, is presently unemployed, and unable to provide a local surety having landed property within the jurisdiction of the City Sessions Court, Calcutta. By an Order dated 18th February, 2013 the learned Judge refused to relax the aforesaid condition observing that this was a case under Section 302 and there was possibility of the petitioner absconding.

In Moti Ram Vs. State of M.P. reported in (1978) 4 S.C.C. 47 cited on behalf of the petitioner the Supreme Court in effect and substance deprecated the imposition of conditions that would stultify the grant of bail to the poor and the weak.

The learned Sessions Judge granted the prayer for bail considering the fact that there was no material to show involvement of the petitioner in the offences alleged, and the only reason for his arrest was that a stolen mobile phone of the deceased was traced to a mobile tower in the village to which the petitioner belonged.

After hearing the learned Advocates for the parties, the condition of bail is relaxed to the extent that the accused shall be released on bail bond of Rs.5000/- with one reliable local surety to the satisfaction of the learned A.C.M.M. The condition that the local surety should own landed property within the jurisdiction of the Court of the learned A.C.M.M., Calcutta is waived. The other conditions shall remain the same. The petitioner shall meet the Investigating Officer twice every fortnight in the manner directed by the learned Sessions Judge and shall further not leave the city of Kolkata without leave of the Court below.

The application is disposed of accordingly.

Urgent certified photostat copy of this order, if applied for, be supplied to the learned Advocates appearing for the parties, subject to compliance with all requisite formalities.

( Indira Banerjee, J. )

( Kanchan Chakraborty, J. )

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