Calcutta High CourtCRM (A)/5435/2023partly allowed

Madan Mohan Karan And ORS. v. The State Of West Bengal

2024-02-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

01.02.2024 Serial no. ML 712 Anticipatory Bail [Partly Allowed] Dd CRM (A) 5435 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. 695 of 2023 dated 28.09.2023 under Sections 341/324/325/307/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3311 of 2023 ) -AndIn the matter of : Madan Mohan Karan & Ors. ... ... Petitioners Mr. Amal Krishna Samanta, Advocate ... ... For the Petitioners Ms. Rituparna De Ghose, Advocate ... ...For the State Mr. Sourat Mandy, advocate ... ...For the de facto complainant Police filed charge sheet.

Injured suffered a deep cut injury on the upper back inflicted by a sword. Petitioner no. 1 stands implicated in effecting such injury on the victim.

In such circumstances, we are unable to grant anticipatory bail to petitioner no. 1 (Madan Mohan Karan). So far as the other two petitioners i.e., petitioner no. 2 ( Prasenjjit Karan ) and petitioner no. 3 ( Saraswati Karan) are concerned, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner no. 2 ( Prasenjjit Karan ) and petitioner no. 3 ( Saraswati Karan) 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 such petitioner no. 2 ( Prasenjjit Karan ) and petitioner no. 3 ( Saraswati Karan) 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 such petitioner no. 2 ( Prasenjjit Karan ) and petitioner no. 3 ( Saraswati Karan) in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner no. 2 (Prasenjjit Karan ) and petitioner no. 3 ( Saraswati Karan) is allowed.

Prayer for anticipatory bail of the petitioner no. 1, Madan Mohan Karan is rejected.

CRM (A) 5435 of 2023 is disposed of.

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