JUDGEMENT
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(1.)HEARD Mr. Subir Banerjee, learned Advocate appearing for the petitioner and Mr. Swapan Kr. Mallick, learned Advocate appearing for the State of West Bengal.
(2.)THIS application under Section 407, Cr. P. C. has been filed by the petitioner who is an accused in connection with Darjeeling Sadar, P. S. Case no. 38/08 dated 17. 4. 08 under Section 380/411, I. P. C. praying for transfer of the case from the Court of the learned C. J. M. , Darjeeling to any other Court of competent jurisdiction except at Darjeeling, It is submitted in support of the application that no lawyer in the station at Darjeeling Sadar is willing to take up the case of the petitioner and one Mr. U. S. Malakar who had earlier accepted the brief of the petitioner by a letter dated 14. 10. 08 informed the petitioner that he was unwilling to conduct the case of the petitioner at Darjeeling in consideration of the present situation at the hill. At paragraph 18 of the petition it has been alleged that some supporters of an organization behaved badly, with the petitioner and the learned Advocate who was earlier engaged by the petitioner outside the Court premises on each occasion. It is further submitted by Mr. Banerjee, learned Advocate for the petitioner that the difficulty also arose when bail was granted and no surety could be found out for the petitioner and the learned C. J. M. , Darjeeling modified the bail order and directed the petitioner to deposit the cash amount instead of local surety.
(3.)MR. S. Mallick, learned Advocate appearing for the State of West bengal does not in the circumstance oppose the prayer for transfer of the case from Darjeeling.
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