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Calcutta High CourtCRM/7548/2020allowed

Parimal Sarkar v. State Of West Bengal

2020-11-19Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

19.011.2020 AGM Ct. No.16 Allowed CRM 7548 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Cooch Behar Kotwali P.S. Case No. 313/2020 dated 15.08.2020 under Sections 447/341/325/326/307/34 of the Indian Penal Code corresponding to G.R. No. 651 of 2020. And In the matter of : Parimal Sarkar ..... Petitioner Ms. Arpita Saha, Mr. Hillol Saha Podder, .... for the Petitioner Mr. Aditi Sankar Chakraborty, Mr. Sourav Ganguly.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner seeks to make out that it was a minor incident and there were minor injuries suffered by the defacto complainant or an associate of the defacto complainant.

The State says that the injuries suffered are serious. The Case Diary is produced. According to the State, the nature of the injuries is such as would be consistent with a person trying to kill another. Considering, however, that no one has died following the incident, the custodial interrogation of the petitioner may not be

necessary as long as he reports to the Investigating Officer as and when called till the investigation is completed.

In the event of arrest, the petitioner be enlarged on bail on furnishing security of Rs.10,000/- (rupees ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.

The petitioner should abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. CRM 7548 of 2020 is disposed of.

(Sanjib Banerjee, J.) ( Hiranmay Bhattacharyya, J.)