Calcutta High Court (Appellete Side)
3291/2011 on 8 July, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1
CRM 3291 of 2011
In re: Mujibur Rahaman Khan & Ors. - Petitioners
Mr. A. K
armakar -For the petitioners
Mr. Zubair Alam - For the State
Re: Application under section 438 of the Code of Criminal Procedure filed
on 8.4.11 in connection with Nandigram P.S. Case No. 320/07 dated
22.11.07 under sections 147/148/149/427/436/380 I.P.C., Section 25/27
of the Arms Act and Section 9(b) of the Indian Explosives Act.
--------------------------------------------------------------------------------
The learned counsel for the petitioner No.3 submits that the petitioner No.3 namely Sk. Saiyam Kazi does not want to press the prayer for anticipatory bail.
Accordingly, the prayer for anticipatory bail of the petitioner No.3 is rejected as not pressed.
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 Nos. 1, 2 and 4 to 12 with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioner Nos. 1, 2 and 4 to 12 be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(i) the petitioner Nos. 1, 2 and 4 to 12 shall make themselves available for interrogation by the Investigating Agency of the case as and when required;2
(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 Nos. 1, 2 and 4 to 12 shall not leave India without prior permission of the Court;
This application is, thus disposed of.
(Kalidas Mukherjee, J) (Syamal Kanti Chakrabarti, J.)