Calcutta High Court (Appellete Side)
Mohammed Salman Khan & Ors vs Unknown on 21 April, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
2 21.04.2023 C.R.M. (A) 1626 of 2023 (AD)
Court No.29 In Re: - An application for anticipatory bail under Section 438 of (Allowed) the Code of Criminal Procedure in connection with Tamluk P.S. F.I.R. No.0204/2023 dated 03/03/2023 under Sections 498A/323/307/307/384/292/504/506/34 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act, 1961 read with Sections 66/66E/67/67A of the Information Technology Act, 2000.
And In the matter of: Mohammed Salman Khan & Ors.
....petitioners.
Mr. Sabyasachi Chaudhuri Mr. Abhijit Guha Roy Mr. Md. Zeeshan Uddin Mr. S.E. Huda Mr. Sk. Aptabuddin ...for the petitioners.
Mr. Rudradipta Nandy, Ld. APP Ms. Sonali Das ...for the State.
Mr. Sourav Chatterjee Mr. Shibaji Kumar Das Mr. Soumyajit Das Mahapatra Mr. Mahboob Rahaman Ms. Priyanka Dey ... for the de facto complainant.
Petitioners pray for anticipatory bail. Learned Advocate appearing for the petitioners submits that, wholly without prejudice to the rights and contentions, petitioners are ready and willing to keep a sum of Rs.76,67,000/- (Rupees Seventy Six lakhs Sixty Seven thousand) as security with the jurisdictional Court as also return the appliances and the vehicle to the de facto complainant.
State and the de facto complainant are represented. Learned Advocate appearing for the de facto complainant submits that, the de facto complainant may be permitted to 2 withdraw the money so deposited by the petitioners with the jurisdictional Court, upon the de facto complainant furnishing a bond with regard thereto before the jurisdictional Court. He submits, on instructions, that the de facto complainant will keep the amount of Rs.76,67,000/-(Rupees Seventy Six lakhs Sixty Seven thousand) so received from the jurisdictional Court, in an interest bearing fixed deposit account with a nationalized bank. The de facto complainant will keep the same fixed deposit account renewing from time to time till the disposal of the police case.
Considering the stands of the respective parties and in view of the offers made in Court by the private parties, we deem it appropriate to grant anticipatory bail to the petitioners.
Learned Advocate appearing for the petitioners submits, on instructions, that, the petitioner no.1 will report before the Investigating Officer physically before May 15, 2023.
In default of the first petitioner reporting before the Investigating Officer before May 15, 2023 on any ground whatsoever, the entirety of the order granting anticipatory bail to the petitioners will stand cancelled without further reference to this Court. The steps taken with regard to the return of money and the articles will, however, continue to remain.
Petitioners undertake to deposit the amount of Rs.76,67,000/-(Rupees Seventy Six lakhs Sixty Seven thousand) with the jurisdictional Court within May 4, 2023. Petitioners also undertake to this Court to return the appliances and the vehicle to the de facto complainant within May 4, 2023. 3
Learned Advocate-on-record for the petitioners and the learned Advocate-on-record for the de facto complainant will prepare the inventory of the articles and vehicles returned by the petitioners to the de facto complainant.
This mechanism is put in place at the suggestion of the petitioners and the de facto complainant.
A copy of the inventory be sent to the Investigating Officer by the learned Advocate for the petitioners and the de facto complainant.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos.2, 3 and 4 will report before the Investigating Officer once a month till the conclusion of the investigation and the petitioner no.1 shall report before the Investigating Officer before May 15, 2023 and thereafter petitioner nos.1,5 and 6 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
4
The prayer for anticipatory bail of the petitioners is allowed.
C.R.M. (A) 1626 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)