Calcutta High Court (Appellete Side)
2813/2011 on 12 July, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
07.2011 CRM No. 2813 of 2011
)
.)
In re: Barjahan Kazi ...Petitioner
Mr. Ashok Das -For the petitioner
Mr. Soumik Ganguly - For the State
In Re: Application under section 438 of the Code of Criminal Procedure filed on 25.3.2011 in
connection with Uluberia P. S. Case No. 107 of 2011 dated 4.2.2011 under sections
143/324/325/504/506/379/427/354/34 of the Indian Penal Code.
-------------------------------------------------------------------------------------
We have heard the submissions of the learned Advocates for the petitioner 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 petitioner with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioner be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(i) the petitioner shall make himself 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 shall not leave India without prior permission of the Court;
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) 2 (Md. Abdul Ghani, J.)