Calcutta High CourtCRM (A)/1449/2022allowed

Saribuddin Khan And ORS v. State Of West Bengal

2022-03-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

30.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1449 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sabang Police Station Case No. 361 of 2021 dated 27.11.2021 under Sections 448/325/326/307/379/427/506/34 of the Indian Penal Code, 1860.

And In Re : Saribuddin Khan & Ors.

...... petitioners Mr. Subhendu Bhattacharjee Mr. Sk. Abu Jafor ....for the petitioners Mr. S.S. Imam Mr. S. Kundu ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the person, who inflicted the cut injury on the victim, was enlarged on bail by the Jurisdictional Court. Learned advocate appearing for the State draws the attention of the Court to the injury report and to the statement of the injured recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.).

Considering the fact that the person, who inflicted the injury on the victim by a sharp cutting weapon, was enlarged on bail by the Jurisdictional Court and considering the

involvement of the petitioners in the incident, we 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/- 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 petitioner nos. 1 (Saribuddin Khan), 2 (Ganir Khan) and 3 (Israfila Khan @ Gora Khan) shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no.

4 (Ramisa Bibi) shall cooperate with the Investigating Officer till the conclusion of the investigation and on 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)