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Sirajul Haque vs The State Of W.B on 11 July, 2018

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7.2018 CRR 815 of 2018
.

42.
Sirajul Haque vs. The State of W.B.

Mr. K. Mondal
Mr. K. Roy
Mr. R. Singh ..For the petitioner.

Mr. Rana Mukherjee Ld. APP ..For the State.

This is an application under section 401 read with section 482 Cr.P.C filed

by the petitioner and is directed against the order dated December 8, 2017

passed by the learned Judge, 2nd Court, Howrah in special T.R. Case No. 162 of

2017 arising out of Golabari P.S. case no. 683 of 2017 dated 29.10.2017 under

section 354 IPC as also section 10 of the Protection of Children from Sexual

Offences Act.

Mr. Rana Mukherjee, who normally appears for the State, is present. He is

requested to appear in this case to represent the State. The engagement of Mr.

Mukherjee be regularized by the State Legal Remembrancer.

It is submitted by the learned advocate for the petitioner that the petitioner

is languishing in jail since October 30, 2017 and inspite of granting bail by the

learned court below on December 8, 2017, he could not come out of jail due to

the severe conditions imposed by the court below. Accordingly, petitioner

preferred revision being CRR 93/2018 and this court vide order dated February

8, 2018 modified the impugned order only to the extent that the local surety

may be of Howrah District instead of Golabari P.S. He further submits that in the
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meantime investigation has concluded and charge sheet has been submitted but

due to the severe conditions imposed, this petitioner is unable to furnish the bail

bond, and is languishing in jail inspite of order granting bail.

Learned advocate Mr. Mukherjee appearing for the State raises no

objection.

There is no denying fact that while granting bail court has the discretion to

impose conditions but conditions should not be of such a nature which

tantamount to refusal. The conditions so imposed prima facie appears to be too

harsh.

Having considered the entire facts and circumstances of the case and

submissions of the learned advocates for the parties, I dispose of the instant

revisional application granting liberty to the petitioner to approach the learned

court below for relaxation of the conditions imposed and in the event such

application is made, the leaned court below should consider the same in

accordance with law keeping in mind that purpose of granting bail should not be

frustrated due to imposition of unreasonable and unrealistic conditions which is

difficult to fulfill.

The instant revisional application is thus dispose of.

Urgent photostat certified copy of this order be given to the parties, if

applied for.

( Md. Mumtaz Khan, J. )

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