Jamirul Hoque @ Md. Jamirul @ Jamrul v. State Of West Bengal
C.R.M. (A) 1206 of 2023 24.03.2023 Sl.11 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karandighi Police Station Case No.39 of 2023 dated 22.01.2023 under Sections 448/436/307/34 of the Indian Penal Code, 1860 in correspondence to GR No.174/2023.
And In the matter of: Jamirul Hoque @ Md. Jamirul @ Jamrul ....petitioner.
Mr. Kunal Ganguly ... for the petitioner.
Mr. Anwar Hossain Mr. Arif Ekbal Molla ...for the State.
Mr. Jissan Iqbal Hossain ... for the de facto complainant.
Petitioner prays for anticipatory bail.
There is a delay in the lodgment of the First Information Report of about 22 days.
The delay is sought to be explained on the ground that the injured was in the hospital.
Materials in the case diary do not suggest that the injured was in the hospital for the period of the delay in the lodgment of the First Information Report.
Materials in the case diary do not suggest requirement of immediate custodial interrogation of the petitioner. Apparently, there are disputes between the private parties. State and the de facto complainant are represented. In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner 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 in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
C.R.M. (A) 1206 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)