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[Cites 12, Cited by 0]

Calcutta High Court (Appellete Side)

5086/2012 on 29 March, 2012

Author: K.J. Sengupta

Bench: K.J. Sengupta

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9.3.2012

kc C.R.M. 5086 of 2012 In Re: Abir Sk. and Ors.

........Petitioners.

Re: An application under section 438 of the Code of Criminal Procedure, filed on 21st March, 2012, in connection with Sagardighi Police Station Case No. 28/2010 dated 17.1.2010 under sections 147/148/149/152/186/353/332/333/307 of the Indian Penal Code and section 3 / 4 of the Explosive Substance Act Ms. Sreyashi Biswas..................For the petitioners.

Mr. Sunirmal Nag......................For the State.

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 petitioners with an order under Section 438 of the Code of Criminal Procedure.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing Bond of Rs. 5,000/- (Rupees five Thousand) each with one surety of equivalent amount respectively to the satisfaction of the arresting officer on the conditions that :

(i) the petitioners shall make themselves available for interrogation by the Investigating Officer, once in a week, until further order;
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(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 shall not leave India without the previous permission of the Court.

This application is, thus, disposed of.

(K.J. SENGUPTA,J.) (JOYMALYA BAGCHI,J.)