Calcutta High CourtCRM (A)/2655/2023allowed

Shagupta Sulaiman And ORS v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2655 of 2023 09.08.2023 SL. 9 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Park Street Police Station Case No. 35 of 2023 dated 16.04.2023 under Sections 341/323/354B/511/354/506/34 of the IPC. And In the matter of: Shagupta Sulaiman & Ors.

....petitioners.

Ms. Sibangi Chattopadhyay ...for the petitioners.

Mr. Rudradipta Nandy, APP Mr. Subrata Roy ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them. The petitioners who are daughter, son and father are alleged to have outraged the molesty of an octogenarian lady. Both the petitioners and the victim are neighbor.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner No.1, Shagupta Sulaiman and petitioner No. 3, Shahnaz Sulaiman are directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of F.F.

ii) The petitioner No. 2, Sm Salim Sulaiman is

directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

iii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order. iv) The petitioners shall not leave the jurisdiction of the aforesaid P.S. without obtaining prior leave from the I.O.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2655 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)