Allowed

Bhabatosh Roy and Anr. v. State of West Bengal

Calcutta HC17 Jan 2023CRM (A)/14/2023

Case brief

AI extract

What is this about?

The Court allowed interim applications from Bhabatosh Roy and Rajarshi Roy seeking relaxation of bail conditions, waiving the requirement of appearing before the Investigating Officer as both were either aged or had already complied with conditions post-charge-sheet filing.

What did the court decide?

The condition of appearance before the Investigating Officer imposed in the anticipatory bail order was waived.

Bhabatosh Roy and Anr. Vs State of… — Constitutional and Fundamental Rights | Calcutta HC (2023)

¶1

06.06.2023

¶2

C.R.M. (A) 14 of 2023 With

¶3

Sl. 1+2 With Court No. 12 C.R.A.N 1 of 2023 Sourav/ Suvayan In Re: - An application for relaxation of condition of anticipatory bail.

¶4

And

¶5

In the matter of: Bhabatosh Roy & Anr. ….petitioners. With

¶6

C.R.M. (A) 16 of 2023 With C.R.A.N 1 of 2023

¶7

In Re: - An application for relaxation of condition of anticipatory bail.

¶8

And

¶9

In the matter of: Rajarshi Roy @ Rajashi Roy ….petitioner. Mr. Kallol Kr. Basu Md. Jannat Ul Firdous …for the petitioners in both the applications. Mr. Bidyut Kumar Roy Ms. Sima Biswas …for the State in CRAN 1 of 2023 in CRM (A) 14 of 2023. Mr. Tanmoy Kr. Ghosh Ms. Sonali Bhar …for the State in CRAN 1 of 2023 in CRM (A) 16 of 2023. In Re: CRAN 1 of 2023 in CRM (A) 14 of 2023

¶10

Heard learned Counsel for both the parties.

¶11

The petitioner no. 1 who is the father-in-law of the informant/victim is stated to be an aged person.

¶12

A report has been filed by the Counsel for the State submitted by jurisdictional Inspector-in-Charge to the effect that the petitioner no. 1 has not complied with the condition of appearance before the I.O. which was a condition of bail.

¶13

It is submitted by learned Counsel for the petitioners that the

¶14

¶15

petitioner no. 1 being old and ailing is immobile. Charge-sheet having already been filed, there is no requirement of compliance of the aforesaid condition.

¶16

Accordingly, the interim application being CRAN 1 of 2023 is allowed and the aforesaid condition of appearance of the petitioner no. 1 before the I.O. is waived.

¶17

In Re: CRAN 1 of 2023 in CRM (A) 16 of 2023

¶18

Heard learned Counsel for both the parties.

¶19

Petitioner is the husband of the informant/victim.

¶20

Learned Counsel for the State has filed a report of the jurisdictional Inspector-in-Charge to the effect that the petitioner has scrupulously followed the condition of his appearance before the I.O. in course of investigation.

¶21

Charge-sheet having already been filed, there is no need of appearance before the I.O. by the petitioner now.

¶22

Accordingly, the interim application being CRAN 1 of 2023 is allowed and the aforesaid condition of appearance of the petitioner before the I.O. is waived.

¶23

(Chitta Ranjan Dash, J.)

¶24

(Partha Sarathi Sen, J.)

¶25

Bhabatosh Roy and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Bhabatosh Roy and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ibrahim Mondal Vs State of West Bengal

Sk Rafik Ali @ Sk Rafik Vs State of West Bengal and Anr.

Surjyadeep Basu Mukherjee @ Surjadip Basu Mukherjee Vs State of West Bengal

Rajarshi Roy @ Rajashi Roy Vs State of West Bengal

Ritesh Yadav @ Ritesh Kumar Yadav Vs State of West Bengal and Anr.

Unush Mondal Vs State