Calcutta High Court (Appellete Side)
Arun Sarkhel And Others vs Unknown on 17 August, 2016
Author: Patherya
Bench: Patherya
1 17.8.2016 155 Partly allowed md.
CRM No. 5018 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.6.2016 in connection with Pursurah Police Station Case No.71 of 2016 dated 09.06.2016 under Sections 143/447/448/341/323/325/307/354/506 of the Indian Penal Code and added Section 302 of the Indian Penal Code (G.R. Case No.1667 of 2016).
And In the matter of:-
Arun Sarkhel and others ... Petitioners Mr.Amitabha Karmakar, Mr. Arup Kr. Bhowmick ..for the Petitioners Mr. Jayanta Banerjee ... for the State Leave is granted to counsel for the petitioners to correct the cause title of the application.
Apprehending arrest in connection with Pursurah Police Station Case No.71 of 2016 dated 09.06.2016 under Sections 143/447/448/341/323/ 325/307/354/506 of the Indian Penal Code and added Section 302 of the Indian Penal Code, corresponding to G.R. Case No.1667 of 2016, the 1 2 petitioners have filed this application under Section 438 of the Code of Criminal Procedure.
Learned counsel for the petitioners submits that the petitioners are in no way connected with the offences alleged, but learned counsel for the State opposes the prayer for anticipatory bail inviting our attention to the injury reports and treatment sheets of the victims as well as the P.M. Report of the deceased victim.
It appears from the Case Diary that there is sufficient material against the petitioner nos. 1, 3, 4, 5 and 6, namely, Arun Sarkhel, Madhusudan Sarkhel @ Sarkel, Nabakumar Sarkhel @ Sarkel, Subhas Bhowmick and Swapan Sarkhel @ Sarkel. Therefore, the prayer for anticipatory bail in respect of the aforesaid petitioners is rejected.
Considering the material in the Case Diary, we are inclined to allow the prayer for anticipatory bail in respect of the petitioner no.2, namely, Jadhunath Sarkhel @ Sarkel.
Accordingly, we direct that in the event of arrest in connection with the abovementioned case, the petitioner, Jadhunath Sarkhel @ Sarkel shall 2 3 be released on anticipatory bail upon furnishing bond of Rs.5,000/- with two sureties of Rs.2,500/- each, to the satisfaction of the arresting authority and subject to the conditions as laid down in sub-section (2) of Section 438 Cr.P.C. The application for anticipatory bail is, thus, partly allowed and disposed of. Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya,J.) (Asha Arora,J.) 3