Sariful Mallick And ORS v. State Of West Bengal
09.01.2024 Ct. No. 29 S.D.
Allowed C.R.M.(A) 4752 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 284 of 2021 dated 02.06.2021 under Sections 143/341/323/325/307/354/506 of the Indian penal Code.
And In Re : Sariful Mallick @ Mahhamad Sarif Mallick @ Md Sarif Mallick & Ors.
...... petitioners Mr. Dipayan Chatterjee Mr. Sananda Bhattacharya ....for the petitioners Mr. Joydeep Roy Mr. Amanul Islam ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 by the Coordinate Bench.
By such order dated October 17, 2023, the petitioners were enlarged on an interim anticipatory bail. It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.
Police filed charge sheet.
Apparently a free fight took place between the private parties. The injuries suffered were not classified as grievous hurt.
In such circumstances, we confirm the interim order dated October 17, 2023.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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. 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.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)