Calcutta High Court (Appellete Side)
5295/2011 on 28 June, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
06.2011 CRM No. 5295 of 2011
)
.)
In re: Paresh Chandra Mandal ...Petitioner
Mr. Subhendu Bhattacharjee -For the petitioner
Mr. Rudradipta Nandy - For the State
In Re: Application under section 438 of the Code of Criminal Procedure filed on 22.6.2011 in
connection with Sonarpur P. S. Case No. 441/2011 under sections 417/471/472/420 of the
Indian Penal Code, along with Section 46 of the Special Marriage Act.
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We have heard the submissions of the learned Advocates for the petitioner 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 petitioner be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(i) the petitioner shall make himself 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 petitioner shall not leave India without prior permission of the Court;
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) 2 (Syamal Kanti Chakrabarti, J.)