← Library
Calcutta High CourtCRM/11008/2020allowed

Pranab Kumar Maity @ Pranab Maity @ Pronab Maity v. State Of West Bengal

2021-03-12Hon'Ble Justice Harish Tandon,Hon'Ble Justice Kausik Chanda2 pages

CRM 11008 of 2020 12.03.2021 Court No.02 Item No.126 (ALLOWED) In Re:- An application for bail under section 438 of the Code of Criminal Procedure filed on 18.12.2020 in connection with Dumdum Police Station Case No. 511/2020, dated 25.08.2020 under Section 306 of the Indian Penal Code.

akd And In the matter of : Pranab Kumar Maity @ Pranab Maity @ Pronab Maity.

...Petitioner

Ms. Sunanda Bhattacharyya.

...For the Petitioner Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...For the State.

Apprehending arrest in connection with Dumdum Police Station Case No. 511/2020 under Section 306 of the Indian Penal Code, the petitioner has filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is submitted by the learned Advocate appearing for the petitioner that the criminal case has been falsely registered after seven years of the alleged offence.

On the other hand, the learned Advocate for the State fairly submits that the suicide note does not reflect the name of the petitioner. Apart from the same the complicity of the petitioner in the alleged offence is not apparent on the face of the record. Having heard the submissions so advanced by the respective parties and considering the materials available in the case diary, we think that the custodial interrogation of the petitioner is not necessary. Therefore, the petitioner is entitled to get the privilege of anticipatory bail.

In the event of arrest the petitioner shall be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station with condition that the petitioner shall co-operate with the Investigating Officer during investigation and shall make himself personally available as and when called for

and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail, being CRM 11008 of 2020, is thus allowed.

(Harish Tandon, J) (Kausik Chanda, J.)