Calcutta High CourtCRM/7846/2020allowed

Md. Jalaluddin @ Jalaluddin And ORS v. State Of West Bengal

2020-10-09Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Md. Nizamuddin2 pages

09.10.2020 IN THE HIGH COURT AT CALCUTTA Ct. No. 8 CRIMINAL MISCELLANEOUS JURISDICTION Suppl.No. 96 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7846 of 2020 In re : Md. Jalaluddin @ Jalaluddin and others ........ Petitioners Re : An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 18 of 2018 dated 16.01.2018 under Sections 406/409/420/506/120B of the Indian Penal Code.

Mr. Rajdeep Majumdar Mr. Mayukh Mukherjee Mr. Rohit Agarwal ..... For the petitioners Mr. Tapan Bhattacharya ..... For the State.

The petitioners undertake to affirm and properly stamp the petition 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 We have heard the submissions of learned counsel appearing for the petitioners and learned counsel appearing for the State.

In this case throughout the course of investigation, the petitioners were not arrested. Investigation is complete.

Chargesheet is submitted. Now, the petitioners are under reasonable apprehension of arrest as stated in the petition. If there was no cause to arrest the petitioners during the course of investigation, which is now completed, we see no reason why the petitioners should be arrested now without an appropriate order from a court of law.

Considering all the circumstances, we do not think that custodial interrogation of the petitioners is required. We allow this application for anticipatory bail. In the event of arrest, the petitioners will be released on bail upon furnishing security of Rs. 10,000/- each together with personal release bond of equivalent value each to the satisfaction of the Arresting Officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail CRM 7846 of 2020 is disposed of.

( Md. Nizamuddin, J. ) ( I. P. Mukerji, J. )