Calcutta High Court (Appellete Side)
4651/2013 on 24 April, 2013
Author: Indira Banerjee
Bench: Indira Banerjee
1 79. 24.04.2013
d.d.
CRM No.4651 of 2013 In re : Sk. Nasirul Islam alias Sk. Nasirullah ........ Petitioner.
Re : An application under Section 438 of the Code of Criminal Procedure filed on 1st April, 2013 in connection with Khanakul Police Station Case No.144 of 2009 dated 04-12-2009 under Sections 147/148/149/341/325/326/307 of the Indian Penal Code read with Sections 25/27 of the Arms Act, 1959 and Section 9B(2) of the Explosives Act, 1884. Mr. Saumya Bandyopadhyay ..... For the Petitioner.
Mr. Ranadeb Sengupta ..... For the State.
We have heard the submission of the learned Counsel appearing for the petitioner and the learned Counsel appearing for the State.
On going through the materials in the Case Diary produced before us and considering the fact that charge-sheet has been filed, we are of the view that custodial detention of the petitioner is not necessary. We are, therefore, inclined to allow the prayer for anticipatory bail of the petitioner. 2 Accordingly, we direct that in the event of arrest, petitioner shall be released on bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand) with one surety of like amount to the satisfaction of the concerned Court and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioner shall appear in the Court below within a fortnight from the date of receipt of the certified copy of this order.
The application for anticipatory bail is, thus, disposed of. Criminal Section is directed to supply urgent photostat certified copy of this order to the petitioner, if applied for, upon compliance of all necessary formalities.
( Indira Banerjee, J. ) ( Kanchan Chakraborty, J. )