Jhumman Ali Khan v. State Of West Bengal

C.R.M. (A) 4144 of 2023 22.11.2023 SL. 15 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 Jamboni Police Station Case No. 104 of 2023 dated 04.08.2023 under Sections 417/467/468/471/120B of the IPC corresponding to G.R. Case No. 762 of 2023.

And In the matter of: Jhumman Ali Khan ....petitioner.

Ms. Gopa Biswas Ms. Sampriti Saha ...for the petitioner.

Ms. Sonali Das ...for the State.

1. Heard learned Counsel for both the parties.

2. On perusal of the entire materials of the Case Diary it appears to us that the entire case as against the present petitioner is based on documentary evidence and in view of such, we do not find any justification for custodial interrogation of the present petitioner.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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 condition that:

i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon

the server copy of this order.

5. Within 21 days from today 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) 4144 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)