Calcutta High Court (Appellete Side)
15756/2010 on 5 January, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1
.1.2011
37. CRM No. 15756 of 2010
In re: Samrat Singha ...Petitioner
Mr. A. Karmakar -For the petitioner
Mr. Pradip Roy - For the State
Re: Application under section 438 of the Code of Criminal Procedure filed on 11.10.2010 in connection with
Khejuri P. S. Case No. 144/08 dated 15.9.08 under sections 148/149/341/353/326/332/333/307/427
I.P.C. and section 3/ 4 of P.D.P.P. Act and section 9B of the Indian Explosive Act.
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We have heard the submissions of the learned Advocates 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 would be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(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; 2
This order would remain valid for four weeks.
The petitioner must submit to the jurisdiction of the Regular Court within this time and thereupon the latter shall consider the prayer for bail of the petitioner on the basis of the materials available against him as on that date and take an independent decision without being guided by the disposal of this application.
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) (Md. Abdul Ghani, J.)