Calcutta High Court (Appellete Side)
4050/2011 on 12 March, 2012
Author: K.J. Sengupta
Bench: K.J. Sengupta
1 3.2012 kc C.R.M. 4050 of 2011 In Re: Bablu Shah and Ors.
........Petitioners.
Re: An application under section 438 of the Code of Criminal Procedure, filed on 6th May, 2011, in connection with Ranitala Police Station Case No. 70/2011 dated 23.2.2011 under sections 147/148/149/553/333/326/307/224/225 of the Indian Penal Code and 25(1)(a) of the Arms Act and an application for correction (CRAN 579 of 2012) Mr. Goutam Roy ..............................For the petitioners.
Mr. Arijeet Ganguly.........................For the State.
This is an application for correction (CRAN 579 of 2012) in the cause title of the original application (CRM 4050 of 2011). It appears that mistake occurred regarding the name of the police station of the petitioners' residential address. Unfortunately, the order dated 24th August, 2011 was passed on mistaken cause title. Therefore, the said order dated 24th August, 2011 needs to be recalled, which we hereby do, so far the same relates to petitioner No. 3, Ansar Shah, petitioner No. 7, Anarul Shah and petitioner No. 12, Chandmian Sk. The original application (CRM 4050 of 2011) is restored to its file, so far it relates to the petitioners No. 3, 7 and 12. Leave is given to the learned Lawyer for the petitioners to correct the mistake in the cause title in course of today. Subject to incorporation of correction, as above, the following order is passed.
We have heard the submission of the learned Advocate for the petitioners and the learned Advocate for the State. Considering the materials produced before us in the case diary, we are of the considered view that it is a fit case for admitting the petitioner No. 3, Ansar Shah, petitioner No. 7, Anarul Shah and petitioner No. 12, Chandmian Sk. with an order under Section 438 of the Code of Criminal Procedure.
2Accordingly, we direct that in the event of arrest, the petitioners No. 3, 7 and 12 shall be released on bail upon furnishing Bond to the satisfaction of the arresting officer on the conditions that :
(i) the petitioners No. 3, 7 and 12 shall make themselves available for interrogation by the Investigating Officer, 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 him from disclosing such facts to the court or to any police officer ;
(iii) the petitioners No. 3, 7 and 12 shall not leave India without the previous permission of the Court.
With the aforesaid observations the original application (CRM 4050 of 2011) and the application for correction (CRAN 579 of 2012) stand disposed of.
However, this order granting pre-arrest bail to the petitioners No. 3, 7 and 12 shall be effective from today. Certified copy of the order dated 24th August, 2011, if issued earlier, shall be surrendered and upon such surrender being made, fresh certified copy shall be issued.
(K.J. SENGUPTA,J.) (JOYMALYA BAGCHI,J.)