Calcutta High CourtCRM (A)/1818/2024allowed

Md. Saudagar Sk And ORS v. The State Of West Bengal

2024-05-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.05.2024 Serial no. 20 Anticipatory Bail [Allowed] Dd CRM (A) 1818 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 698 of 2023 dated 17.08.2023 under Sections 448/452/354/313/389/34 of the Indian Penal Code, 1860 pending before Additional Chief Judicial Magistrate, Jangipur, Murshidabad.

-AndIn the matter of : Md. Saudagar Sk & Ors. ... ... Petitioners Mr. Sandip Chakraborty, Mr. Kaustav Das, Advocates ... ... For the Petitioners Mr. Iqbal Kabir, Ms. Payel Ghosh, Advocates ... ...For the State There is a delay in lodging the first information report. The police case was registered subsequent to order passed under Section 156(3) of Criminal Procedure Code. In respect of the date of the incident, there was a murder. So far as the murder case is concerned, there is a separate police case is pending.

Issue of false implication remains.

In such circumstances, 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/- (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 Signed By :

DEBABRATA DAS High Court of Calcutta 24 th of May 2024 03:03:48 PM

further condition that the petitioners shall report before the Investigating Officer once in a week till the conclusion of the 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1818 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)