Shyam Sundar Jain And ANR v. State Of West Bengal

14.09.2022 Serial no.41 Aloke CRAN 1 of 2022 in CRM (A) 885 of 2022 In the matter of : Shyam Sunder Jain ... ... Petitioner Mr. Anuj Singh, Advocate Mr. Soumopriyo Chowdhury, Advocate Mr.Ajay Agarwal, Advocate Mr. S. Sarawgi, Advocate Mr. Arka Banerjee, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Manoranjan Mahata, Advocate ... ... For the State Mr. Ayan Bhattacharya, Advocate ... ... For the de facto complainant In re : IA No. CRAN 1 of 2022 Report submitted in Court be taken on record. Petitioner prays for relaxation of the condition of the order granting anticipatory bail dated February 24, 2022 requiring the petitioner no. 1 to report before the Investigating Officer once in a month till the conclusion of the investigation. Learned Advocate appearing for the petitioner submits that the petitioner is of 75 years of age. He is finding it difficult to attend the Investigating Officer once in a month due to his age and health.

Learned Advocate appearing for the State submits a report dated September 14, 2022 which speaks of the police proposing to submit the final report under Section 173 of the Code of Criminal Procedure by this month.

Learned Advocate appearing for the de facto complainant submits that the police are yet to recover the goods. He refers to Section 406 of the Indian Penal Code, 1860.

Anticipatory bail was granted to the petitioner on February 24, 2022 inter alia on the requirement of the petitioner meeting

the Investigating Officer once in a month till the conclusion of the investigation. The police submitted a report which speaks of the police submitting final report under Section 173 of the Code of Criminal Procedure before the jurisdictional Court by the end of this month.

The petitioner appeared before the Investigating Officer in terms of the order dated February 24, 2022 till the month of August, 2022.

In view of the police report dated September 14, 2022 which states that the police will submit the final report by the end of this month, it would be appropriate to waive the condition of the order dated February 24, 2022 requiring the petitioner to meet the Investigating Officer once in a month till the conclusion of the investigation.

All other conditions in the order dated February 24, 2022 will remain the same.

IA No. CRAN 1 of 2022 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)