Calcutta High Court (Appellete Side)
16916/2010 on 15 December, 2010
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1
2.2010
8. CRM No. 16916 of 2010
In re: Smt. Dipali Bera & Ors ...Petitioners
Mr. Amal Krishna Samanta -For the petitioners
Mr. Y. Dastoor
- For the State
Re: Application under section 438 of the Code of Criminal Procedure filed on 29.11.2010 in connection with
Nandigram P. S. Case No. 105/10 dated 08.06.2010 under sections 147/447/323/324/326/307 of the
I.P.C.
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We have heard the submissions of the learned Advocates for the petitioners and for the State. We have perused the materials available before us and we are of the considered view that this is an appropriate case for admitting the petitioner with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioners would be admitted on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(i) the petitioners shall make themselves available for interrogation by the Investigating Agency of the case as and when required;
(ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;
(iii) the petitioners shall not leave India without prior permission of the Court; 2
This order would remain valid for four weeks.
The petitioners must submit to the jurisdiction of the Regular Court within this time and thereupon the latter shall consider the prayer for bail of the petitioners on the basis of the materials available against him as on that date and take an independent decision without being guided by the disposal of this application.
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) (Md. Abdul Ghani, J.)