Saheb Mallik @ Saheb Mallick v. State Of West Bengal

21.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5316 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No. 107 of 2021 dated 22.05.2021 under Sections 147/148/149/436/427/307/326/ 504/506 of the Indian Penal Code, 1860 and Sections 3/4 of the Explosive Substances Act.

And In Re : Saheb Mallik @ Saheb Mallick ...... petitioner Mr. Sanat Kumar Das Mr. Sujan Chatterjee ....for the petitioner Ms. Purnima Ghosh ....for the State Two police cases were initiated in respect of the same incident - one at the instance of the police and one at the instance of the private individual.

In the police case initiated by the police, the petitioner was granted anticipatory bail on November 14, 2022 passed in CRM(A) 5170 of 2022.

The police filed charge-sheet in the present police case also.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 condition that the petitioner 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 petitioner 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.)