Jaya Roy, J. - (1.) THE petitioners have filed this application for modification of the order dated 16.8.2011 whereby at the time of granting anticipatory bail to the petitioner, some condition has been imposed i.e. all the petitioners will remain physically present before the trial Court at least once in a month on the date fixed for trial till the conclusion of the trial by the order dated 16.8.2011 passed in A.B.A. No. 1023 of 2011. Counsel for the petitioner has submitted that all the petitioners appeared before the trial Court regularly once in a month as per the directions of this Court till October, 2012. It is also submitted that the petitioner Nos. 3 and 4 namely Ratan Choudhary and Smt. Asha Devi are residing at Siliguri district -Darjeeling, so it is difficult for them to come every month from Siliguri to Deoghar which is practically at a distance of 632 k.ms.
(2.) THE State counsel has submitted that the petitioners are residing in another State so for their non -appearance, the Trial may be delayed. Considering the submissions made by both the parties, I hereby modify the aforesaid order dated 16.8.2011 passed in A.B.A. No. 1023 of 2011 only for the petitioner Nos. 3 and 4 to the extent that instead of 'once in a month', 'the petitioners will appear before the trial Court whenever the trial Court feels necessary for their appearance in the Court'. However, the trial Court is also directed to conclude the trial as early as possible. The prayer of the petitioner Nos. 1 and 2 namely Umesh Jaiswal alias Choudhary alias Umesh Prasad Choudhary and Deepak Jaiswal alias Choudhary alias Munna Jaiswal alias Munna Choudhary is rejected. With the aforesaid directions, this Cr.M.P. is disposed of.;