This court directed the Investigating Officer to return the petitioner's passport upon receipt of submission since the final report had been filed, rendering the anticipatory bail application infructuous.
The Investigating Officer directed to hand over the petitioner's passport after obtaining a proper receipt.
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19.07.2021 Court No.30 Item No.36 Disposed of Krishnendu
CRM 1838 of 2020 With CRAN 1 of 2021
(Via video Conference)
In Re:- An application for relaxation/modification of the condition of prearrest bail , being CRAN 1 of 2021;
And In Re: Binod Kumar Drolia Petitioner Mr. Debasish Roy Mr. Sandipan Ganguly Mr. Dipanjan Dutt Mr. Sayantak Das Ms. Sanwal Tibrewal For the Petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee For the State Mr. Sabyasachi Banerjee Mr. Angshuman Chakraborty Mr. Avik Ghatak Mr. Aditya Garodia Mr. Pintu Ghosh For the De facto complainant
The present application, being CRAN 1 of 2021, has been preferred for relaxation of the conditions of anticipatory bail, as contained in the order dated 18th February, 2020 passed in CRM 1838 of 2020.
Mr. Roy, learned advocate appearing for the petitioner submits that upon completion of investigation, final report has been submitted on 11th March, 2021 and in view thereof, the petitioner may be returned his passport which he had submitted before the Investigating Officer in terms of the order passed by this Court on 18th February, 2020.
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Mr. Banerjee, learned advocate appearing for the de facto complainant opposes the petitioner’s prayer and submits that a naraji petition has already been filed before the learned Court below but the same has not yet been heard.
Mr. Bitasok Banerjee, learned advocate enters appearance on behalf of the State and submits that the petitioner has complied with the conditions, as incorporated in the order dated 18th February, 2020, till date. Let the report, as filed, be kept on record.
Upon hearing the learned advocates appearing for the respective parties and considering the materials on record and since upon completion of investigation, final report has been submitted, this Court directs the Investigating Officer to hand over the passport to the petitioner after obtaining a proper receipt.
As the final report has already been submitted, the application for anticipatory bail itself has become infructuous.
With the above observations and directions, the application for relaxation of the conditions of anticipatory bail, being CRAN 1 of 2021 and the application of anticipatory bail, being CRM 1838 of 2020, are disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
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2 issues framed by the court
Whether the petitioners passport should be returned upon submission of final investigation report.
Whether the anticipatory bail application has become infructuous due to closure of investigation.
Binod Kumar Drolia
State
De facto complainant
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
