Imran Khan @ Sahazada @ Chokh Kana vs The State Of West Bengal & Anr
2023 Latest Caselaw 1767 Cal

Form J(1)          IN THE HIGH COURT AT CALCUTTA
                      Criminal Revisional Jurisdiction
                                 Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                           C.R.R. 897 of 2023
              Imran Khan @ Sahazada @ Chokh Kana
                               Vs.
                The State of West Bengal & Anr.

For the petitioner        : Mr. Debasis Kar, Adv.
                            Mr. Subhojit Chgowdhury, Adv.
                            Mr. Arka Tilak Bhadra.

Heard on                   : 16.03.2023

Judgment On                : 16.03.2023.

Bibek Chaudhuri, J.

The accused was enlarged on bail in a case under Section

135(1) of the Indian Electricity Act on condition that he would pay

20% of the outstanding bill. It was not possible financially for the

petitioner to pay 20% of the outstanding bill. An application was filed

on behalf of the petitioner for modification of the order. The said

order was modified directing the petitioner to pay Rs.50,000/- as first

installment and on deposit of such installment he would be released

on bail. Thereafter while on bail, he was directed to pay the rest

amount in equal monthly installment of Rs.50,000/- each for

liquidation of arrear electricity bill.

The petitioner after being released on bail, failed to comply with

such direction passed by the learned Trial Judge and accordingly,

warrant of arrest was issued against the accused.

Having heard the learned Advocate for the petitioner, this Court

is of the view that if any further modification is required by the

accused, he should move the Trial Court for modification of the order

directing the petitioner to pay a lesser amount as monthly installment

for liquidation of arrear monthly bill.

This Court is not in a position to entertain revisional jurisdiction

in the instant matter where warrant of arrest has been issued for

failure on the part of the petitioner to satisfy the condition of bail.

In view of such circumstances, I do not find any merit in the

instant revision and accordingly, the instant revision is summarily

dismissed.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.07.

D/L.