Calcutta High CourtCRM (A)/3799/2023allowed

Sadiful Mondal And ORS v. State Of West Bengal

2023-09-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

19.09.2023 M/L 191 Ct. No.29 (Allowed) (SKB) CRM (A) 3799 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Thanarpara P. S. Case No.139 of 2023 dated 08.07.2023 under Sections 341/323/325/326/ 307/34 of the Indian Penal Code.

In the matter of : Sadiful Mondal and others ... Petitioners Mr. Manas Das, Mr. Asraf Mondal, Mr. Tushar Sil ... for the petitioners Mr. P. K. Datta, ld. APP Mr. N. Dhali ... for the State

1. Heard learned advocates for the parties.

2. The incident, as involved in the present case, is alleged to have occurred during last panchayat election on account of free fight between two political parties. We have perused the injury reports of the two victims wherefrom it reveals that one victim suffered fracture of left shoulder which is not a vital part of the body and another victim suffered injury over his head without involving any bone and internal haemorrhage.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed supra 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 aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioners are directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3799 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)