Calcutta High Court (Appellete Side)
Sk. Sabir @ Md. Sabir Molla & Ors vs Unknown on 29 January, 2018
1 117 29.01.2018
AB Court 28
C.R.M. 777 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No.4 of 2016 dated 3.1.2016 under Sections 468/471/ 420/406/34 of the Indian Penal Code And In the matter of : Sk. Sabir @ Md. Sabir Molla & Ors.
...Petitioners.
Mr. Sukdeb Chatterjee, Ms. Manasi Roy ...for the Petitioners. Mr. Debojyoti Deb ...for the State.
It is submitted on behalf of the petitioners that the allegation of payment of excess compensation to the accused persons is the subject matter of a writ proceeding which is pending before this court.
Learned lawyer appearing for the State opposes the prayer for anticipatory bail.
We have considered the materials on record and we find that the allegations in the instant criminal case with regard to excess payment of compensation to the petitioners and other accused persons is the subject matter of a writ proceeding pending before this court.
In view of the aforesaid fact, we are of the opinion that 2 custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of like amount each to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)