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Calcutta High CourtCRM/2252/2021rejected

Shahid Haroon @ Md Shahid Haroon And ANR v. State Of West Bengal

2021-08-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

04.08.2021 Item no. 56 Court No.32.

S.De (rejected) (Via Video Conference) CRM No. 2252 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 26.02.2021 in connection with Jorasanko Police Station Case No. 330 of 2020 dated 25.12.2020 under Sections 448/380/34 of the Indian Penal Code.

And In the matter of : Shahid Haroon @ Md. Shahid Haroon & Anr.

......Petitioners.

Mr. Sharequl Haque, Advocate, Mr. Ayan Bhattacharjee, Advocate, ......for the Petitioners.

Mr. Tapandeb Nandy, Advocate, Mr. Antarikhya Basu, Advocate, ......for the State.

The allegation is of trespass and theft. One of the three accused persons was apprehended and granted bail by the learned Court below. The petitioners pray for anticipatory bail. We have seen the material in the case diary. We have seen the statements of eyewitnesses recorded under Section 161 of the Code of Criminal Procedure. We are of the view that the petitioners may be required by the Investigating Officer for

interrogation and anticipatory bail should not be granted to the petitioners.

However, in the event, the petitioners surrender before the learned Court below within a week from date they shall not be arrested for a month from date. If the petitioners apply for regular bail before the appropriate Court upon notice to the State, such application shall be considered in accordance with law, uninfluenced by any observation in this order. CRM 2252 of 2021 is, accordingly, disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)