Biman Saha & ANR v. State Of West Bengal

CRAN No.1 of 2020 in CRM No.779 of 2020 In Re: - An application for relaxation of conditions of anticipatory bail (CRAN 1 of 2020) filed on 13.10.2020.

And Sl No.01 08.02.21 Ct. 28 (S.R.) In the matter of: Biman Saha & Anr.

...Petitioners.

Mr. Avik Ghatak Mr. Soumya Nag Mr. Saibal Dasgupta ... for the petitioners.

Mr. Madhu Sudan Sur, APP Mr. Monoranjan Mahata ...for the State.

Mr. Subir Ganguly Mr. Durga Prasad Dutta Mr. Souvik Sen Mr. Sumanta Ganguly ... for the de facto complainant.

The present application was heard and an order was passed on 3rd February, 2021. When the said order was placed before us for our signatures, certain doubts cropped up which required explanations and as such, without signing the order, we verbally directed the matter to be listed again. Upon perusal of the records it appears that in terms of the order dated 21st January, 2020 passed by this court, the petitioners appeared before the court below and prayed for regular bail. Such prayer was allowed and accordingly the directions contained in the order dated 21st January, 2020 stood merged with the said order.

In view thereof, the condition in the order dated 21st January, 2020 to the effect that 'the petitioner no.1 shall meet

with the investigating officer once in a week until further orders', does not survive.

In the event, any fresh condition has been imposed by the learned Magistrate while granting bail, the petitioners would be at liberty to approach the said court for necessary relaxation, if any, in accordance with law.

Accordingly, the earlier order dated 3rd February, 2021 is recalled and the application being CRAN No.1 of 2020 is disposed of.

All the parties shall act on a server copy of this order. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)