Calcutta High Court (Appellete Side)
3222/2011 on 15 July, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
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CRM 3222 of 2011
In re: Madhu Sudan Kunar & Ors. - Petitioners
Mr. S. Sanyal
Mr. Sujan Chatterjee -For the petitioners
Mr. S.A. Ahmed - For the State
Re: Application under section 438 of the Code of Criminal Procedure filed
on 7.4.11 in connection with Jangipara P.S. Case No. 23/10 dated 14.2.10
under sections 147/148/149/ 323/324/325/326/307/353/332/333 I.P.C.,
sections 25/27 of the Arms Act and section 9b(ii) of the Indian Explosives
Act and section 9 of the Maintenance of Public Order.
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The learned counsel for the petitioners submits that the petitioner Nos 4 and 10 namely Sk. Golam Nabi and Asta Panja do not want to press the prayer for anticipatory bail.
Accordingly, the prayer for anticipatory bail of the petitioner Nos. 4 and 10 is rejected as not pressed.
We have perused the materials available before us and we are of the considered view that this is an appropriate case for admitting the petitioner Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioner Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that: 2
(i) the petitioner Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 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 petitioner Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 shall not leave India without prior permission of the Court;
This application is, thus disposed of.
(Kalidas Mukherjee, J) (Syamal Kanti Chakrabarti, J.)