Calcutta High CourtCRM (A)/1404/2022allowed

Sish Mahammad @ Shish Mahammad And ORS v. State Of West Bengal

2022-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

28.03.2022 Serial no. 31 [Dd] (Anticipatory Bail Allowed) CRM(A) 1404 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 503 of 2021 dated 16.12.2021 under Sections 341/323/376/511/34 of the Indian Penal Code (G.R. No. 2977/2021) -AndIn the matter of : Sish Mahammad @ Shish Mahammad & Ors. ... ... Petitioners Ms. Minoti Gomes, Mr. Musharraf Alam Sk., Advocates ... ... For the Petitioners Mr. Avishek Sinha, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners are falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the injury report.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the nature of injury suffered by the victim, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall report before the Investigating Officer once in a month

till the conclusion of the investigation and on further condition that the petitioners shall appear every day 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed.

CRM(A) 1404 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)