Calcutta High Court (Appellete Side)
Shah Julfikar vs Unknown on 22 August, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
22.8.2017 (CL968) KC C.R.M. 6958 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of : 1. Shah Julfikar, 2. Shah Hasibul, 3. Shah Ibrahim.
.... petitioners.
Mr. Siddhartha Sarkar..........................For the petitioners. Mr. Navonil Dey....................................For the State.
Apprehending arrest in course of investigation of Arambag P.S. F.I.R. No. 1141 of 2016 dated 07.12.2016 under Sections 341, 323, 325, 307,379, 506 and 34 of the Indian Penal Code the petitioners have applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case diary, more particularly the injury report of the victim. We also find that upon completion of investigation, police report under Section 173(2) of the Code of Criminal Procedure (charge-sheet) has already been submitted before the relevant magistrate.
In view thereof, we are of the considered opinion that personal liberty of the petitioners may not be curtailed at this stage and that they are entitled to direction, as prayed for.
The application, thus, stands allowed with the direction that in the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand) each, with 2 two sureties of like amount each, one of whom must be local, to the satisfaction of the Court below.
(DIPANKAR DATTA,J.) (DEBI PROSAD DEY,J.)