CRIMINAL APPEAL 864 on 23 December 2018

BR15.1.162021

CRM 3172 of 2019With

IA No. CRAN 3 0f 2020, CRAN, 4 of 2020

In re: An application for cancellation of bailunder Section 439(2) of the Code of CriminalProcedure in connection with Belghoria PoliceStation case No. 864 dated 23.12.2018 under Section448/387/506/34 of the Indian Penal Code.

In the matter of : Md Shadab Hussain

…. Petitioner

Mr. Arindam Jana,

Mr. Soumajit Chatterjee

…. For the Applicant

Mr. Ranabir Roy Chowdhury,

Mr. Mainak Gupta , … for the State

In the instant proceeding the petitioner has prayedfor modification of the condition imposed by this Court on17[th] February, 2020 directing the petitioner not to enterinto the jurisdiction of Belghoria P.S. until furtherorders.

It is submitted on behalf of the petitioner that thecondition was imposed about one year back. In the meantime charge has been submitted against the petitioner.During investigation they did not interfere in any way orinduce or threatened the witnesses on behalf of theprosecution. On completion of investigation, chargesheet was submitted. The petitioner was restrainedfrom entering into the jurisdiction of Belghoria P.S, butwithin the jurisdiction of the said police station his ownhouse is situated. If he cannot enter into the jurisdictionof the said Police Station he even cannot collect the rentfrom the tenants residing in his house.

Since charge sheet has been filed , this Court is ofthe view that the conditions restraining the petitioners from entering into the jurisdiction of Belghoria policestation is not required to be maintained at this stage.Accordingly the above condition imposed against thepetitioner vide an order dated 17[th] February, 2020 iswaived.

CRAN application being CRAN 3 of 2020 and CRAN

4 of 2020 is, thus, disposed of.

The parties are directed to act server copy of thisorder.

( Bibek Chaudhuri, J. )