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Calcutta High CourtCRM (A)/3740/2023allowed

Md Saidur Rahaman @ M J Rajib Sk And ANR v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

18.09.2023 (M/L 133) Ct. No.29 Allowed (SKB) CRM (A) 3740 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kandi P.S. Case No.154 of 2017 dated 08.03.2017 under Sections 341/326/307/34 of the Indian Penal Code and Sections 3/4 of the E.S. Act.

In the matter of : Md. Saidur Rahaman @ Rajib Sk. and another ... Petitioners Mr. Kallol Kumar Basu, Md. Jannat ul Firdous, Mr. Rajesh Naskar ... for the petitioners Mr. S. S. Imam, Mr. Sk. Arif Hossain ... for the State

1. Heard learned advocates for the parties.

2. The case was initiated in the month of March, 2017. Charge-sheet is stated to have been submitted in the meantime. Thus, custodial interrogation of the present petitioners are not necessary.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned ACJM, Kandi, Murshidabad in the aforesaid P.S. case within 15 days from today. On their surrender and application for bail,

they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) They shall appear before the learned trial court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

5. The application being CRM(A) 3740 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)