Allowed

Karim v. State of West Bengal

Calcutta HC20 Sept 2021CRM/1815/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to a charge-sheeted petitioner. Finding no specific overt act attributed to him and deeming custodial interrogation unnecessary, the Court ordered his release upon arrest upon furnishing a bond.

What did the court decide?

Petitioner shall be released on bail upon furnishing a bond of Rs. 10,000 with two sureties upon arrest and shall abide by conditions in Section 438(2) CrPC.

Karim Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2021)

¶1

23 20-09-2021 (ct. no.32) KOLE Allowed

¶2

CRM 1815 of 2021

¶3

In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 353 of 2013 dated 10.06.2013 under Sections 147/148/149/448/427/379/506 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act.

¶4

A n d -

¶5

In the matter of : Karim

¶6

.... Petitioner.

¶7

Mr. S. Saha,

¶8

… For the Petitioner.

¶9

Mr. B. Kr. Roy, Mr. R. Datta,

¶10

… For the State.

¶11

The petitioner is one out of 32 charge sheeted persons. The allegation is that the defacto complainant had filed his nomination for contesting an election. The accused persons wanted him to withdraw his nomination. Upon his refusal to do so, the accused persons attacked and broke his house.

¶12

We have seen the material in the case diary. We have seen the statements of witnesses. No specific overt act appears to be attributed to the petitioner.

¶13

On an overall assessment of the material in the case diary and the nature and gravity of the allegations and also since charge sheet has been submitted, we are of the view that immediate custodial interrogation of the petitioner is not necessary.

¶14

Accordingly, in the event of arrest, the petitioner, namely, Karim shall be released on bail upon furnishing a bond of Rs.

¶15

¶16

10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders.

¶17

In the event the petitioner fails to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

¶18

The application for anticipatory bail being CRM 1815 of 2021 is, thus, allowed.

¶19

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

¶20

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )

Karim v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Karim v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sk Abdullah and Anr. Vs State of West Bengal

Haridas Durlav and Another Vs State of West Bengal

MD Helaluddin Chaudhuri @ Rintu Daktar Vs State of West Bengal

Ab Halim @ Abdul Halim @ Laltu Sk and Anr. Vs State of West Bengal

Sima Das Vs State of West Bengal

Chandan Jana@Chiranjit Patra and Anr. Vs State of West Bengal