LAWS(SC)-2019-5-89

WASIM AHMED Vs. STATE OF WEST BENGAL

Decided On May 20, 2019
Wasim Ahmed Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This special leave petition has been filed against final judgment and order dated 10.05.2019 passed by the Chief Metropolitan Magistrate, Calcutta in Case No. L2/DD/30/19 whereby the learned Magistrate has rejected the prayer of the petitioner to amend the order dated 08.05.2019 granting bail to the petitioner.

(2.) By the order dated 8.05.2019, the learned Magistrate granted bail to the petitioner inter alia on condition of producing registered surety. By reason of the call given by the Bar Council of West Bengal on 29.04.2019, Advocates all over West Bengal have struck work completely, as a result of which the petitioner, a resident of Nagpur is unable to approach the Calcutta High Court for relief. Learned counsel submits that the petitioner who is a resident of Nagpur, is not in a position to produce any registered surety. It is also submitted that the petitioner's mother is critically ill, for which he needs to go home.

(3.) The short question is whether the petitioner can indefinitely be kept in jail for inability to fulfill the condition of producing a registered surety and that too when he is unable to produce a registered surety for reasons entirely beyond his control. The answer to the aforesaid question necessarily has to be in the negative.