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2025 Supreme(Online)(Cal) 3916

CALCUTTA HIGH COURT
Debangsu Basak, Prasenjit Biswas, JJ
MOHAN VISWAKARMA – Appellant
Versus
UNION OF INDIA – Respondent
CRA (DB) 260 of 2021 | IA NO: CRAN/1/2025



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

The court ruled that bail conditions can be modified based on compliance and individual circumstances, ensuring the defendant's rights are upheld without compromising the judicial process.

Headnote:In this case, the appellant seeks the relaxation of bail conditions set forth in an earlier order dated March 22, 2022, which required the appellant to remain within Kolkata's limits and provide residing address to authorities. The court finds that the appellant complied with the bail conditions and presents reasonable grounds for relaxation due to age and personal circumstances of his daughter. The court ultimately allows the relaxation of bail conditions while ensuring that essential notifications are maintained.

Table of Content
1. appellant's request for bail relaxation due to age and family circumstances. (Para 2 , 3 , 4)
2. court observes compliance with bail conditions and considers personal circumstances. (Para 5 , 8 , 9)
3. court decision to allow bail condition relaxation. (Para 10 , 11)

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.

11. CRAN/1/2025 is disposed of accordingly.

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