Calcutta High CourtCRM (A)/1642/2022allowed

Mijanur Ali Sadhukhan @ Mijanur Sadhukhan v. State Of West Bengal

2022-04-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

11.04.2022 Serial no. 12 [Dd] (Anticipatory bail Allowed) CRM (A) 1642 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 511 of 2019 dated 16th December, 2019 under Sections 306/34 of the Indian Penal Code -AndIn the matter of : Mijanur Ali Sadhukhan @ Mijanur Sadhukhan ... ... Petitioner Mr. Shibaji Kumar DAs, Ms. Rupsa Sreemani, Advocate ... ... For the Petitioner Mr. S. S. Imam, Mr. S. Kundu, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There were disputes between the petitioner the person committing the suicide.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the fact that police filed charge sheet, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1642 of 2022 is disposed of.

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