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2025 Supreme(Online)(Cal) 2600

CALCUTTA HIGH COURT
Debangsu Basak, Prasenjit Biswas, JJ
Mohan Viswakarma – Appellant
Versus
NIA – Respondent
CRA (DB) 260 of 2021



Advocates:
For the Appellants/Petitioners: Mr. Sabir Ahmed, Mr. Quazi Ezaz Ahmed
For the Respondents: Mr. Arun Kumar Maiti (Mohanty), Mr. Bhaskar Prosad Banerjee, Mr. Debashish Tandon, Ms. Deeba Nishat Nomani

The court has affirmed the ability to relax bail conditions based on compliance with prior requirements and circumstances impacting the appellant's situation.

Headnote:In relation to an application for relaxation of bail conditions under C.R.A. 260 of 2021, the court analyzed the terms of the initial bail granted on March 22, 2022, emphasizing the appellant's compliance and age. The court noted only one of many witnesses had been examined, impacting the duration of the trial. The court determined, based on the circumstances including the age of the appellant and family situation, to grant the application, permitting the appellant to reside outside the municipal limits while ensuring surety was provided. The court therefore waived the specific restriction of residency.

Table of Content
1. appellant seeks bail condition relaxation. (Para 1)
2. circumstances for bail condition modification (Para 2 , 3 , 4 , 5 , 7 , 8 , 9)
3. conditions of bail waived under specific conditions (Para 10)

1. Supplementary affidavit filed in Court be taken on record.

2. Appellant before us seeks relaxation of condition of granting bail by the order dated March 22, 2022 passed in C.R.A. 260 of 2021 requiring the appellant to remain within the municipal limits of City of Kolkata and to provide address where the appellant was to reside to the Investigating Officer as also to the jurisdictional Court.

3. Learned advocate appearing for the appellant submits that, appellant complied with all the terms and conditions of the order granting bail dated March 22, 2022. He submits that, there is hardly any possibility of the trial concluding any time soon.

4. Presently, according to him, only one prosecution witness out

82 proposed prosecution witnesses was examined. He submits that, that apart, appellant is 75 years of age and that, daughter of the appellant is in advance stage of pregnancy requiring medical attention. Appellant is not a permanent residence of the State of West Bengal.

5. Learned advocate appearing for the appellant submits that, in order to ally the apprehension of the appellant absconding subsequent to relaxation of condition of bail, appellant offers two sureties, who are relatives of the appellant namely grandson and they are residence within the State of West Bengal. In this regard, learned advocate appearing for the appellant draws the attention of the Court to the affidavit of one of such surety filed in Court today.

6. NIA authorities are represented.

7. Appellant was afforded bail on March 22, 2022 in C.R.A. 260 of 2021 by the coordinate Bench. One of the conditions of the order granting bail was that, the appellant shall remain within the municipal limits of the City of Kolkata and provide the address where the appellant would be residing to the Investigating Officer as also the jurisdictional Court.

8. There is no material on record to suggest that, appellant violated any of the conditions of the order granting bail. Trial is in progress. All prosecution witnesses are yet to be examined.

9. Appellant is around 75 years of age as claimed. There is also a claim of the daughter of the appellant suffering medical condition. Appellant offers two relatives as sureties.

10. In such circumstances, subject to the jurisdictional Court accepting the two sureties offered by the appellant by way of supplementary affidavit in Court today, the condition of the bail granted on March 22, 2022 requiring the appellant to remain within the municipal limits of City of Kolkata is waived. Appellant will nonetheless inform the jurisdictional Court as also the Investigating Officer as to the address at which he would be residing subsequent to the relaxation of the condition granting bail.

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