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Calcutta High Court (Appellete Side)

Surmila Sarkar @ Sharmila Sarkar Anr vs Unknown on 23 February, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

23.02.2024
Serial no. 22
Anticipatory Bail
[Allowed]
Dd

CRM (A) 615 of 2024

In re : An Application for Anticipatory Bail under Section 438
of the Code of Criminal Procedure in connection with Suti Police
Station Case No. 528 of 2023 dated 06.09.2023 under
Sections 498A/304B/34 of the Indian Penal Code, 1860.

-And-

In the matter of : Surmila Sarkar @ Sharmila Sarkar Anr.

… … Petitioners

Ms. Chandrima Debnath,, Advocate
… … For the Petitioners

Mr. Sudip Ghosh,
Ms. Purnima Ghosh , Advocates
… …For the State

Police filed charge sheet.

Husband was arrested and granted bail by the
jurisdictional Court.

Considering such fact and the materials in the case
diary, we are not inclined to place any of the petitioners in
custody at this stage.

In such circumstances, we grant anticipatory bail to the
petitioners.

Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a 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 be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on
further condition that the petitioners shall appear on every date
before the jurisdictional Court on and from the date fixed for
2

appearance of the accused and in default the jurisdictional Court
will pass appropriate order to secure the presence of the
petitioners in Court including cancelling the anticipatory bail
granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed.
CRM (A) 615 of 2024 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)