Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Mochlim Sk. @ Mochlem Sk on 18 May, 2016
Author: Patherya
Bench: Patherya
1 Sl.42. C.R.M.2600 of 2016 May 18, 2016 Bpg.
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on April 1, 2016 in connection with Boxirhat Police Station Case no.132 of 2015 dated 09.08.2015 under Sections 448/323/325/436/506/34 of the Indian Penal Code corresponding to G.R. Case no.365 of 2015 ;
And
In the matter of : Mochlim Sk. @ Mochlem Sk.
...petitioner.
Ms. Minoti Gomes.
...for the petitioner.
Ms. Sujata Das.
...for the State.
Apprehending arrest in connection with Boxirhat Police Station Case no.132 of 2015 dated 09.08.2015 under Sections 448/323/325/436/506/34 of the Indian Penal Code corresponding to G.R. Case no.365 of 2015, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in connection with this case though, in fact, the wife of the present petitioner was assaulted by the defacto complainant and his party and pursuant to such allegation, a case was filed by the petitioner being G.R. no.364 of 2015 corresponding to Boxirhat Police Station Case no.131 of 2015 dated 09.08.2015. Learned counsel for the petitioner further submits that four accused persons have been released on bail and the charge-sheet of the case under reference has already been submitted and that is why the custodial interrogation of the present petitioner will not be necessary.
2Learned counsel for the State takes us through the case diary and specifically draws our attention to the seizure list at page 20 and the statement of witnesses recorded under Section 161 of the Cr.P.C. at pages 11 to 15.
Having considered the submission of the parties and considering the facts and circumstances of this case, we are of the considered view that the custodial interrogation of the petitioner is not required for further investigation of the case. Thus, we direct, in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.5,000/- with two sureties of Rs.2,500/- each to the satisfaction of the learned court below.
In view of the aforesaid, the application for anticipatory bail is disposed of and the same is allowed.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) (Debi Prosad Dey, J.)