Mahendra Ghosh @ Mahen vs The State Of West Bengal
2023 Latest Caselaw 3570 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                              CRR 1279 of 2023

                            Mahendra Ghosh @ Mahen
                                      Vs.
                             The State of West Bengal


Mr. Arunava Ganguly
           ..for the petitioner

Mr. Madhusudan Sur, APP
Mr. Manoranjan Mahata
          ..for the State


Item No. 29

Heard & Judgment on:          18.05.2023

Bibek Chaudhuri, J.

In a proceeding under Section 110 of the Code of Criminal

Proceeding the petitioner was directed to furnish bond of certain

special class of persons like school teachers, respectable persons of

the locality, employee of the nationalized bank etc. The petitioner filed

an application for modification of the order before the learned

Executive Magistrate and vide order dated 22 nd February, 2023 the

learned Executive Magistrate was generous enough to ask the

accused to file bond of bank employees in place of school teachers.

It is no longer a res integra that condition of bond for good

behaviour should not be given in such a manner so as to it is

impossible for the petitioner to submit bond resulting in unnecessary

custodial detention. A Co-ordinate Bench of this Court in Rajesh

Prasad Tanti vs. State of West Bengal ; CRR 3465 of 2021, judgment

dated 1st August, 2022 has issued certain guidelines with regard to

the order of the nature of good behaviour bond under Section 111 of

the Code of Criminal Procedure. The learned Executive Magistrate is

under obligation to follow it. Therefore, this Court sets aside the

order dated 22nd February, 2023 and directs the learned Executive

Magistrate of Chandannagore Police Commissionerate to pass the

order of good behaviour bond as per the guidelines in Rajesh Prasad

Tanti's case.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)