Mojammel Haque ANR ORS v. State Of West Bengal

03.11.2020 pg.

Allowed CRM 8620 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sainthia P.S. Case No.92 of 2020 dated 20.06.2020 under Sections 448/324/320/326/ 307/354/379/34 of the Indian Penal Code.

And In the matter of: Mojammel Haque & Ors.

....Petitioners Mr. Joy Chakraborty ... For the Petitioners Mr. Madhusudan Sur Mr. Dipankar Paramanick ... For the State Mr. Sujoy Sarkar .... For the de-facto complainant The petitioners undertake to appropriately stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claim that a boundary dispute led to an altercation between two groups and injuries were suffered on both the sides.

The State produces the records and says that serious blows were inflicted on the survivors by the present petitioners. The de-facto complainant complains of fracture being suffered and, in one case, an operation being recommended to set the bone right. Considering the nature of the dispute and the extent of the injuries, the immediate detention of the petitioners may not be

necessary as long as they cooperate with the investigation and report to the investigating officer as and when called till the investigation is completed.

Subject to the above, in the event of arrest, the petitioners will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also abide by the conditions laid down in section 438(2) of the Code.

CRM 8620 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)