Calcutta High Court (Appellete Side)
7797/2011 on 9 September, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1 62. 09.09.2011
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rnr.
CRM No. 7797 of 2011 In re: Latib Sha @ Bablu @ Gunda & Ors. ...Petitioner(s) Mr. Arnab Chatterjee Ms. Joyita Roy ... For the petitioner(s).
Mr. Kaushik Chatterjee ... For the State.
In Re: Application under section 438 of the Code of Criminal Procedure filed on 23.08.2011 in connection with Nandigram P.S. Case No. 83 dated 23.4.2011 under Sections 363/364/364-A/366/366-A/34 of the Indian Penal Code. We have heard the submissions of the learned Advocate 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 be released on bail under section 438 of the Code of Criminal Procedure on the following conditions that: 2
(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.) (Syamal Kanti Chakrabarti, J.)