Abdul Chatter Mondal Alias Md Sattar Mondal And ORS v. State Of West Bengal

Dl.01 09.10.2020 Ct. 23 SK/NB C.R.M. 7003 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Basirhat Police Station Case No.819/2020 dated 09.07.2020 under Sections 363/365 of the Indian Penal Code.

And In the matter of : Abdul Chattar Mondal @ Md. Sattar Mondal & Ors. ..... Petitioners Mr. Partha Prtim Das .... for the Petitioners Ms. Zareen N. Khan, Ms. Manisha Sharma. ...for the State. The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

This matter is at the instance of the petitioners for correction of the order dated 23rd September, 2020. In the order, it has been inadvertently recorded that the applicant nos.1, 3, 5 and 6 have been granted anticipatory bail and there is no mention of the other applicants. In fact, as we can recollect we have granted anticipatory bail to all and we have directed that only the applicant nos.1, 3, 5 and 6 shall meet the Investigating Officer once in a week.

In view thereof, the second fresh paragraph at page 2 starting with "Accordingly, we allow...............and cooperate with the investigation" shall be replaced by the following paragraph:-

Accordingly, we allow the application for anticipatory bail partly. In the event of arrest, the applicants namely, Abdul Chattar Mondal @ Md. Sattar Mondal, Salema Begum @ Saleha Begum, Abdul Mannan Mondal @ Md. Abdul Mannan, Umme Habiba @ Umem Habiba Bibi @ Bela, Babul Hossain @ Bablu Hossain Goldar, Jia @ Md. Jebarul Alam and Moni Bibi @ Ferdousi Begum shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount each, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Barasat subject to the condition as laid down under Section 438(2) of the Cr.P.C. and on further condition that the applicants namely Abdul Chattar Mondal @ Md. Sattar Mondal, Abdul Mannan Mondal @ Md. Abdul Mannan, Babul Hossain @ Bablu Hossain Goldar, Jia @ Md. Jebarul Alam shall meet the investigating officer at the concerned police station once in a week and cooperate with the investigation.

The learned counsel for the State also agreed with the observation.

Under such circumstances, accordingly we allow the application for anticipatory bail.

Let this correction be incorporated in the order sheet dated 23rd September, 2020 and be made part of the order dated 23rd September, 2020. The server copy shall be corrected accordingly and CRM 7003 of 2020 shall not show as pending.

(Soumen Sen, J.) (Saugata Bhattacharyya , J.)