Calcutta High Court (Appellete Side)
Act vs In Re : Ranajit Patra & Ors on 12 April, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
12.04.2022 29 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1684 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No. 263 of 2020 dated 07.09.2020 under Sections 448/506/323/354B/34/420/406 of the Indian Penal Code, 1860 read with Sections 3(iii)(viii)(x)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
And In Re : Ranajit Patra & Ors.
...... petitioners Mr. Arindam Jana Mr. Soumyajit Chatterjee ....for the petitioners Mr. S. S. Imam Mr. R. Jana ....for the State Petitioners seek anticipatory bail. Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. There is a title suit pending between the private parties with regard to an immovable property.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary.
The present police case was registered pursuant to a proceeding under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.). In the 156(3) Cr.P.C. petition, the de-facto 2 complainant stated that the petitioners allegedly used derogatory words against the de-facto complainant relating to her caste at the house of the de-facto complainant.
Consequently, since the alleged infraction of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act of 1989) is claimed to take place at a private place, the attraction of the provisions of such Act is doubtful or at least debatable. Consequently, we are of the view that the petitioners are able to overcome the restrictions under Section 18 of the Act of 1989.
Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there is a history of litigation between the private parties including a title suit pending, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass 3 appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)