Md Shadab Hussain v. State Of West Bengal & ORS

BR 15.1.

CRM 3172 of 2019 With IA No. CRAN 3 0f 2020, CRAN, 4 of 2020 In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure in connection with Belghoria Police Station case No. 864 dated 23.12.2018 under Section 448/387/506/34 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 prayed for modification of the condition imposed by this Court on 17th February, 2020 directing the petitioner not to enter into the jurisdiction of Belghoria P.S. until further orders.

It is submitted on behalf of the petitioner that the condition was imposed about one year back. In the mean time charge has been submitted against the petitioner. During investigation they did not interfere in any way or induce or threatened the witnesses on behalf of the prosecution. On completion of investigation, charge sheet was submitted. The petitioner was restrained from entering into the jurisdiction of Belghoria P.S, but within the jurisdiction of the said police station his own house is situated. If he cannot enter into the jurisdiction of the said Police Station he even cannot collect the rent from the tenants residing in his house.

Since charge sheet has been filed , this Court is of the view that the conditions restraining the petitioners

from entering into the jurisdiction of Belghoria police station is not required to be maintained at this stage. Accordingly the above condition imposed against the petitioner vide an order dated 17th February, 2020 is waived.

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 this order.

( Bibek Chaudhuri, J. )