Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs In Re.: Sk. Mubarak @ Sk. Mubarak Ali on 2 March, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 4. 02.03.2015
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ap C.R.M. 1586 of 2015 In the matter of: an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.02.2015 in connection with Uluberia Police Station Case No. 523 of 2014 dated 17.07.2014 under Section 204 of the West Bengal Municipal Act, 1993.
And
In re.: Sk. Mubarak @ Sk. Mubarak Ali. ...... Petitioner
Ms. Devi Priya Mitra. ...... for the petitioner
Mr. Navnil De. ....for the State.
In spite of service of notice, none appears on behalf of the Uluberia Municipality. Affidavit filed in Court today be kept on record.
The petitioner, apprehending arrest in connection with Uluberia Police Station Case No. 523 of 2014 dated 17.07.2014 under Section 204 of the West Bengal Municipal Act, 1993, has come to this Court for anticipatory bail.
Heard the learned counsel appearing on behalf of the parties. Perused the case dairy.
We have been informed by the learned counsel for the State that unauthorized construction of the building in question has been stopped.
Having regard to the same, this application for anticipatory bail stands allowed on condition that no further construction shall be raised in the building in question. If there is any violation of that, 2 the Uluberia Municipality shall have the liberty to approach this Court for cancellation of his anticipatory bail.
Accordingly, it is directed that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs.5,000/- on condition that after release, he shall surrender before the court concerned within four weeks thereafter.
This order is subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Since none appears on behalf of the Uluberia Municipality, Office is directed to communicate this order to it.
The application for anticipatory bail, is, thus, disposed of.
(Ashim Kumar Roy, J.) (Ishan Chandra Das, J.)