← Library
Calcutta High CourtCRM (A)/2077/2023allowed

Saleka Halsana @ Maleka Halsana And ANR v. State Of West Bengal

2023-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 2077 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 334 of 2023 dated 15.04.2023 under Sections 458/323/325/313/34 of the Indian Penal Code. And In the matter of: Saleka Halsana @ Maleka Halsana & anr. ...... petitioners Mr. Asraf Mandal ....for the petitioners Mr. Gautam Banerjee ....for the State In an incident of assault, a person suffered blunt injuries on head, both hands, chest, abdomen and back. The injury report suggests that the injuries may be grievous. There is no material in the case diary at this stage suggesting 313 of the Indian Penal Code, 1860. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will 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 petitioner no.1, namely, Saleka Halsana @ Maleka Halsana will

cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no.2, namely, Pir Mohammad Halsana will report before the Investigating Officer once in a month till the conclusion of investigation and on further condition that the petitioners 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 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.) (Md. Shabbar Rashidi, J.)