Calcutta High Court (Appellete Side)
Sarfaraz Khan 2. Md. Serajuddin vs Unknown on 18 July, 2017
1 911/CL 18.07.2017
rrc (Allowed) C.R.M. 5361 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of : 1. Sarfaraz Khan 2. Md. Serajuddin
3. Jamaluddin 4. Salma Begum ... petitioners Mr. Suman Chakraborty .....For the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ......For the State Apprehending arrest in course of investigation of Bhadreswar Police Station F.I.R. No. 448 of 2016 dated 4th December, 2016 under Sections 147/148/149/448/436/ 427/380/34 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, statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure. Having regard to the level of complicity of the petitioners, as revealed from the case diary, we are of the considered opinion that custodial interrogation of the petitioners is not necessary for effective and meaningful 2 progress of the investigation of the F.I.R., hence, they are not entitled to direction as prayed for in this application.
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/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure. (Debi Prosad Dey, J.) (Dipankar Datta, J.)