1941/2011 on 23 March, 2011

[Cites 7, Cited by 0]

Calcutta High Court (Appellete Side)

1941/2011 on 23 March, 2011

Bench: Kalidas Mukherjee

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                            CRM 1941 of 2011




       In re: Alimuddin Sk. & Ors.             .....Petitioners


       Mr. A. A. Alamgir          -For the petitioners

       Mr. Zubair Alam           - For the State


    Re: Application under section 438 of the Code of Criminal Procedure filed
    on 3.3.11 in connection with Beldanga P.S. Case No. 321/10 dated 12.11.10
    under sections 147/148/449/379/326/34 I.P.C.
    --------------------------------------------------------------------------------

We have heard the submissions of the learned Advocates for the petitioners and for the State. We have perused the materials available before us and we are of the considered view that this is an appropriate case for admitting the petitioners with an order under section 438 of the Code of Criminal Procedure.

Accordingly, we direct that in the event of arrest, the petitioners would be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:

(i) the petitioners shall make themselves available for interrogation by the Investigating Agency of the case as and when required;

(ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;

(iii) the petitioners shall not leave India without prior permission of the Court;

This application is, thus disposed of.

(Kalidas Mukherjee, J) 2 (Mrinal Kanti Sinha, J.)

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Calcutta High Court (Appellete Side)