Calcutta High Court (Appellete Side)
Manik Patra And Others vs Unknown on 7 June, 2016
Author: Patherya
Bench: Patherya
1 7.6.201614
Allowed md.
CRM No. 2672 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 4.4.2016 in connection with Nandigram Police Station Case No. 113 dated April 19, 2008 under Sections 147/148/149/448/427/342/323/325/380/ 376(2)(G) of the Indian Penal Code giving rise to G.R. Case No.322 of 2008.
And In the matter of:- Manik Patra and others ... Petitioners Mr. Navnil De ... for the petitioners Mr. Sudip Ghosh ... for the State The petitioners, apprehending arrest in connection with Nandigram Police Station Case No. 113 dated April 19, 2008 under Sections 147/148/ 149/448/427/342/323/325/380/376(2)(G) of the Indian Penal Code giving rise to G.R. Case No.322 of 2008, have filed this application under Section 438 of the Code of Criminal Procedure.
Learned Advocate for the petitioners submits that the petitioners have been falsely implicated in 1 2 connection with this case and though the petitioners' name did not transpire in the first information report, yet the petitioners have been charge-sheeted in this case.
Learned Advocate for the State fairly submits that he did not find any material against the present petitioners though the petitioners have been charge- sheeted in connection with this case.
Having regard to such submission of learned Advocate for the State and after going through the Case Diary, we find that custodial interrogation of the present petitioners will not be necessary since charge- sheet has already been submitted.
Thus, We, direct that in the event of arrest the petitioners, namely, Manik Patra, Ratan Garu Das, Rabindra Nath Das @ Rabin Das and Raj Garu Das may be released on bail upon furnishing bond of Rs. 5,000/- each with two sureties of Rs.2,500/- each, subject to the satisfaction of the court below.
The prayer for anticipatory bail is, thus, allowed and the application is disposed of. 2 3 Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J.) (Debi Prosad Dey, J.) 3