Calcutta High Court (Appellete Side)
Under Sections 448/325/326/34 Of The ... vs In Re: Raju Mahalder & Ors on 14 May, 2010
1 4.05.10
m CRM No. 7088 of 2010 In re: An application under section 438 of the Code of Criminal Procedure filed on 10.05.10 in connection with Chapra P.S. Case No. 111 of 2010 dated 13.03.2010 under sections 448/325/326/34 of the Indian Penal Code.
And
In Re: Raju Mahalder & Ors Petitioners
Mr. Kushal Kumar Mukherjee For the Petitioners
Mr. Samir Chatterjee For the State
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 Petitioners with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the Petitioners would be admitted on bail upon furnishing sufficient sureties on the following conditions that:
(i) The Petitioners shall make themselves available for interrogation by the Investigating Agency as and when required ;1 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 him from disclosing such facts to the Court or to any Police Officer.
This order would remain valid for four weeks. The Petitioners must submit to the jurisdiction of the Regular Court within such time and thereupon the latter shall consider the prayer for bail of the Petitioners on the basis of the materials available against them as on that date and take an independent decision without being guided by the disposal of this application.
The application is, thus, disposed of.
(Amit Talukdar, J) (Raghunath Ray, J) 2