Calcutta High CourtCRM (A)/30/2023partly allowed

Sabul Haque And ORS v. State Of West Bengal

2023-01-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.01.2023 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 30 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad Police Station Case No. 308 of 2022 dated 19.11.2022 under Sections 341/323/325/326/307/506/34 of the Indian Penal Code, 1860.

And In Re : Sabul Haque & Ors.

...... petitioners Mr. Kunal Ganguly ....for the petitioners Mr. Arijit Ganguly Mr. Avik Ghatak ....for the State Petitioners pray for anticipatory bail.

From the materials in the case diary, it transpires that the petitioner nos. 1 (Sabul Haque) and 2 (Aiyub Ali) assaulted the injured with the sharp cutting weapons.

Considering the gravity of the offence and the involvement of the first two petitioners in the incident, we are unable to grant anticipatory bail to them.

Accordingly, the application for anticipatory bail is, thus, rejected so far as petitioner nos. 1 and 2 is concerned. So far as the petitioner no. 3 (Saheba Khatun) is concerned, considering her gender, we grant her anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner no. 3 shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no. 3 shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioner no. 3 shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner no. 3 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, partly allowed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)