SB C.R.M. 5813 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20.06.2017
In the matter of :
Ranajit Sen @ Ranjit Sen,
Mr. Sandip Kundu …for the petitioner.
Mr. Soumik Ganguly
…for the State.
Apprehending arrest in course of investigation of
Nakashipara P.S. F.I.R. No. 21 of 2015 dated 09.01.2015 under
Sections 498A/307/34 of the Indian Penal Code, the petitioner has
applied for anticipatory bail.
An objection to the maintainability of this application is
raised by Mr. Ganguly, learned advocate for the State by citing an
order dated 07.04.2015 passed by a co-ordinate Bench of this
Court while rejecting CRM 3108 of 2015, being the petitioner’s
earlier application for pre-arrest bail.
Mr. Kundu, learned advocate appearing for the petitioner
submits that after rejection of the earlier application by the order
dated 07.04.2015, the parties have filed an application under
Section 13(B) of the Hindu Marriage Act, 1955 for mutual divorce
and 11.09.2017 is the next date fixed for hearing of MAT Suit
No.536 of 2016. He also submits that this is a substantial change
of circumstances warranting presentation of this application and
grant of relief claimed therein.
Having heard learned advocates for the parties and on
perusal of the materials in the case diary, we are of the considered
opinion that filing of the suit for mutual divorce should be
considered as substantial change of circumstances, rendering this
application maintainable. We are also of the opinion that
custodial interrogation of the petitioner is not necessary for
effective and meaningful progress of investigation of the FIR and
that he is entitled to direction, as prayed for in this application.
Accordingly, C.R.M. 5813 of 2017 stands allowed with the
direction that in the event of arrest of the petitioner, he shall be
released on bail upon furnishing bond of Rs.5,000/- (Rupees Five
Thousand), with two sureties of like amount each, one of whom
must be local, to the satisfaction of the arresting officer and
subject to the conditions as laid down in sub-section (2) of Section
438 of the Code of Criminal Procedure.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)