Calcutta High Court (Appellete Side)
To Sections 120B/170/395/34 : 412/34 Of ... vs In Re : Surinder Singh @ Surendar Singh & ... on 14 January, 2020
1
14.01.2020
tkm/ct 28 C.R.M. 433 of 2020
sl no. 62
In Re : An application under section 438 of the Code of Criminal
Procedure filed on 13.1.2020 in connection with Posta P.S case no. 123
of 2019 dated 8.8.2019 under sections 120B/170/420 being amended
to sections 120B/170/395/34 : 412/34 of the IPC
And
In Re : Surinder Singh @ Surendar Singh & Anr.
........
petitioners Ms. A Khatoon ...... for the petitioners Mr. M Sur Mr. M Mahata ...... for the State It is submitted on behalf of the petitioners that they were not named in the FIR and their complicity has transpired from the statements of co-accused persons. Stolen gold has already been recovered.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners were conspirators in the crime of extorting gold by falsely representing themselves as DRI officials.
It is further submitted that custodial interrogation is necessary for recovery of remaining stolen articles.
We have considered the materials on record. Allegation against the petitioners are extremely grave and custodial interrogation for further recovery is necessary in the facts of the case.
In view of the prima facie involvement of the petitioners in the alleged crime, we are of the opinion that this is not a fit case to grant anticipatory bail to the petitioners.
2Accordingly, the prayer for anticipatory bail is rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)