Sk Saddam And ORS v. State Of West Bengal

09.01.2024 Serial no. 191 Anticipatory Bail [Allowed] Dd CRM (A) 4644 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 493 of 2023 dated 09.07.2023 under Sections 147/ 148/ 149/ 171C/ 171F/ 323/ 325/ 326/ 329/332/333/353/364/307/120B of the Indian Penal Code, 1860.

(G.R. Case No. 2346 /2023 ) -AndIn the matter of : Sk Saddam & Ors ... ... Petitioners Mr. Arka Ranjan Bhattacharya, Ms. Saloni Bhattacharjee, Ms. Gulsanwara Parvin, Advocates ... ... For the Petitioners Mr. Debasish Roy, PP Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary. We find from the records that co-accuseds were granted anticipatory bail by an order dated September 19, 2023 passed in CRM (A) 3780 of 2023 by the co-ordinate Bench.

The claim for parity is not being disputed on behalf of the State.

In such circumstances, we extend the same facility to the petitioners before us.

Accordingly, we confirm the interim order granted on October 16, 2023.

Consequently, 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 further condition that the petitioners shall report before the Investigating Officer once in a fortnight 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) 4644 of 2023 is disposed of.

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