Calcutta High Court (Appellete Side)
6985/2011 on 12 September, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1 29. 12.09.2011
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rnr.
CRM No. 6985 of 2011 In re: Lalmohan Acharjya ...Petitioner(s) Mr. Amitabha Karmakar Mr. Mazhar Hossain Chowdhury ... For the petitioner(s).
Ms. Kakali Chatterjee ... For the State.
In Re: Application under section 438 of the Code of Criminal Procedure filed on 01.08.2011 in connection with Nandigram P.S. Case No. 279/2007 dated 18.11.2007 under Sections 147/148/149/380/ 427/ 436/506 of the Indian Penal Code. We have heard the submissions of the learned Advocate for the petitioner 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 with an order under section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest, the petitioner be released on bail under section 438 of the Code of Criminal Procedure on the following conditions that: 2
(i) the petitioner shall make himself available for interrogation by the Investigating Agency of the case as and when required;
(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 shall not leave India without prior permission of the Court;
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) (Syamal Kanti Chakrabarti, J.)