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Judgments of Supreme Court of India and High Courts

Prabir Sarkar vs Unknown on 18 April, 2017

1

18.04.2017

Item No.65
(Allowed)
SB C.R.M. 2835 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.04.2017.

In the matter of : Prabir Sarkar
…. petitioner.

Mr. Subir Debnath,
Mr. Debajit Kundu
…for the petitioner.

Ms. Purnima Ghosh
…for the State.

Apprehending arrest in course of investigation of Taherpur

P.S. F.I.R. No. 302/2016 dated 10.09.2016 under Sections

498A/325/307/34 of the Indian Penal Code, the petitioner has

applied for anticipatory bail.

It is submitted by Mr. Debnath, learned advocate appearing

for the petitioner that upon completion of investigation, police

report under Section 173(2) of the Code of Criminal Procedure

(charge-sheet) (hereafter the Cr. P.C.) has already been submitted

before the relevant magistrate.

Ms. Ghosh, learned advocate appearing for the State has

produced the case diary.

2

We have heard learned advocates for the parties and perused

the materials in the case diary. Considering the nature of injury

suffered by the victim as is evident from the injury report at page

19 thereof and also regard being had to the fact that on completion

of investigation police report under Section 173(2) of the Cr. P.C.

has been filed before the relevant magistrate, we are of the view

that personal liberty of the petitioner may not be curtailed at this

stage and that he is entitled to direction, as prayed for.

Accordingly, C.R.M. 2835 of 2017 stands allowed with the

direction that in the event of arrest, the petitioners 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 Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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