Smt. Kalpana Mudi vs Unknown
2022 Latest Caselaw 2341 Cal

26.04.2022
Sl. No. 04
Srimanta
Ct.No. 42
                        IA No.: CRAN/1/2022
                                  in
                         CRA (SB)/24/2022


             In Re : An application for modification and/or relaxation of
             condition of the order dated 04.03.2022 in CRA (SB) No.
             24/2022.

             In the matter of : Smt. Kalpana Mudi
                                                            ...appellant.
                  Mr. Pulakesh Bajpayee, Adv.
                                                       ...for the appellant.
                  Mr. Prasun Kumar Datta, Adv.,
                  Mr. Nirupam Dhali, Adv.
                                                         ...for the State.
                  Mr. Kushal Kumar Mukherjee, Adv.,
                  Mr. Diptangshu Basu, Adv.,
                  Mr. Surajit Basu, Adv.
                                                  ...for the respondents.

The instant application is filed for relaxation of the condition of bail imposed upon the petitioner/opposite party no. 2 passed by the Learned Chief Judicial Magistrate, Birbhum on 16th March, 2022 directing the petitioner to appear before the Court of the Learned Chief Judicial Magistrate, Birbhum periodically during the pendency of the appeal being CRA (SB)/24/2022.

It is pertinent to mention that on the basis of a Police report a case being G.R. 301/2011 was registered against the petitioner and other accused persons. The Learned Magistrate, 2nd Court at Suri, Birbhum by her judgment dated 29th March, 2018 passed an order of conviction in favour of the petitioner and other accused persons. The accused persons preferred an appeal before the Learned Additional Sessions Judge, 4th Court at Suri being Criminal Appeal No.

14/2018. In the said appeal the appellants/accused persons were acquitted.

The de facto complainant has preferred the instant appeal assailing the judgment and order of acquittal before this Court under the proviso of Section 372 of the Code of Criminal Procedure.

The said appeal is admitted by this Court. The respondents were directed to appear before the Learned Chief Judicial Magistrate, Birbhum in pursuance to the notice of the instant appeal. The petitioner being one of the respondents surrendered before the Court below and he was granted bail under the provision of Section 390 of the Code of Criminal Procedure with condition that he shall attend the Trial Court on 13th June, 2022.

It is submitted by the petitioner in the instant application that he is a Post Doctoral Fellow in the Department of Physics, IIT, Ropar, Punjab. Due to the condition imposed by the Court below, it would be difficult for him to carry on his fellowship at IIT, Ropar, Punjab. Therefore, he has prayed for relaxation of the condition for bail.

Since the Learned Chief Judicial Magistrate, Birbhum has passed the order of bail, the application for relaxation of bail ought to have been filed before the Court below. This Court cannot jump upon the jurisdiction of the Learned Chief Judicial Magistrate. In view of such circumstances, the petitioner is at liberty to file appropriate application for relaxation of bail in the Court of the Learned Chief Judicial Magistrate, Birbhum whereupon the Learned Chief Judicial Magistrate shall pass an order relaxing the condition for bail granted in favour of the petitioner in view of the fact that he is presently doing his Post Doctoral Fellowship at IIT, Ropar, Punjab.

Learned Advocate for the petitioner has drawn my attention to the order dated 16 th March, 2022 where the Learned Chief Judicial Magistrate has recorded that he has no authority to overrule the order of the Hon'ble High Court.

This Court directed the petitioners to surrender before the Court below and in the event of their surrender, the Learned Court below was directed to admit them on bail. However, imposition of condition is absolutely within the domain of the Learned Chief Judicial Magistrate. He can only relax such condition upon any terms and conditions.

Since the petitioner is doing his Post Doctoral Research in the IIT at Ropar, Punjab, the Learned Chief Judicial Magistrate is directed to consider so that imposition of any condition may not hamper his further Post Doctoral Research work and he may be carried on his studies without any hindrance during the period of pendency of the instant appeal. The instant application is, thus, disposed of with the above observation giving liberty to the petitioner to file appropriate application before the Learned Chief Judicial Magistrate, Birbhum.

( Bibek Chaudhuri, J. )