Ratan Kumar Chatterjee v. Prakash Barua And ORS

16.11.2022 Serial no.42 Dd CRAN 1 of 2022 in CRM (DB) 48 of 2022 In Re : CRAN 1 of 2022 (An application for relaxation of condition of Anticipatory bail under Section 439(1)(b) of the Code of Criminal Procedure) In the matter of : Ratan Kumar Chatterjee ... ... Petitioner Mr. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Advocates ... ... For the Petitioner Mr. Sujata Das, Advocate ... ...For the State Mr. Swapan Kr. Mallick, Mr. Ujjal Roy, Ms. Sudeshna Das, Advocate ... ...For the private Opposite Party no. 2 The application is for modification of the conditions of anticipatory bail imposed by the order dated August 24, 2022. Learned advocate appearing for the petitioner submits that the police filed charge sheet prior to such order invoking provisions of bailable Sections.

The factum of filing of the charge sheet by the police was noted in the order dated August 24, 2022. However, the fact that the police filed charge sheet under bailable Sections was not noted. Apparently, such fact was not drawn to the attention of the Court passing order on such date. Be that as it may, the police filed charge sheet invoking provisions of the Indian Penal Code, 1860 which are bailable.

The Court is informed that at present, there is no application taking exception to the charge sheet filed before the jurisdictional Court. There is no application filed by any of the parties seeking further investigations or re-investigation. In view of the nature of the charge sheet filed, it would be appropriate that the conditions imposed on the petitioner not to enter into the jurisdiction of the local police station and report to the Officer-in-Charge are waived.

CRAN 1 of 2022 in CRM (DB) 48 of 2022 is disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)