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Calcutta High Court (Appellete Side)

Section 3 Of The Pdpp Act And 8(B)Of The ... vs Allowed on 3 March, 2020

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03.03.2020

tkm/ct 28 C.R.M. 2301 of 2020 sl no. 56 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Naihati P.S case no. 277 of 2019 dated 11.8.2019 under sections 147/448/149/325/307/332/333/186/353/427 of the IPC read with section 3 of the PDPP Act and 8(B)of the National Highway Act And Allowed In Re : Mustakim Sk ...... petitioner Mr. B Banerjee ...... for the petitioner Mr. Soumik Ganguly ...... for the State It is submitted on behalf of the petitioner that co-accused persons have been granted anticipatory bail.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and as co-accuseds similarly circumstanced with the petitioner have been granted pre-arrest bail, we are inclined to extend the same privilege to the petitioner also.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner shall appear before the investigating officer and hand over passport, if any, within four weeks from date. In the event he does not have passport, he shall personally appear before 2 the investigating officer and furnish affidavit to that effect within the time frame mentioned hereinabove.

The application being CRM 2301 of 2020 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)