Calcutta High Court (Appellete Side)
Khairul Sk. & Ors vs Unknown on 18 May, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
CRM 1619 of 2011
86 18.05.2011CRM 1619 of 2011 akd Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 22nd February, 2011 in connection with Kaliganj P.S. Case No. 53 of 2008 dated 14th March, 2008 under Sections 147 / 148 / 149 / 325 / 307 / 34 of the Indian Penal Code.
In the matter of : Khairul Sk. & Ors.
.... Petitioners.
Mr. Md. Sabir Ahmed.
... For the Petitioners.
Mr. Z. Alam.
... For the State.
Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel for the State.
Perused the case diary.
Learned counsel appearing on behalf of the petitioners points out to the Court that the petitioners were arrested and released in connection with a case relating to offence punishable under Sections 147/323/325/308/506/34 of the Indian Penal Code, registered vide, Kaliganj P.S. Case No. 78 of 2008 dated 11th April, 2008 and the complainant has filed a separate complaint before the Kaliganj police station in respect of the same incident and offences, therefore, they may be required to be re-arrested.
Now the petitioners apprehend their arrest in connection with a case relating to offence punishable under Sections 147 / 148 / 149 / 325 / 307 / 34 of the Indian Penal Code, registered vide, Kaliganj P.S. Case No. 53 of 2008 dated 14th March, 2008.
In view of the fact that the petitioners have already been 2 CRM 1619 of 2011 released on bail in the said case and their further arrest in connection with the same incident and offences will serve no purpose in so far as investigation is concerned.
Therefore, in the event petitioners are arrested for having committed offence under Sections 147 / 148 / 149 / 325 / 307 / 34 of the Indian Penal Code, they shall be released on bail upon furnishing P.R. Bond of Rs. 5,000/-, each, with one surety of the like amount each, on condition that they shall make themselves available to the concerned police station, as and when required for the purpose of investigation.
Thus, the application for pre-arrest bail stands disposed of.
( J. N. PATEL, CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 3 CRM 1619 of 2011