The High Court granted anticipatory bail to Haridas Durlav in an assault and attempt to murder case, finding no prima facie case against him but allowing custodial interrogation while at large on bail.
Anticipatory bail granted on Rs. 10,000 bond with two sureties; magistrate empowered to cancel bail on violation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28 17-09-2021 (ct. no.32) KOLE Allowed
CRM 2043 of 2021
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 476 of 2020 dated 26.10.2020 under Sections 341/325/326/307/506/34 of the Indian Penal Code.
In the matter of : Haridas Durlav & Anr.
.... Petitioners.
Mr. S. Das,
… For the Petitioners. Mr. Md. A. Hossain, Mr. S. Biswas,
… For the State.
Learned Advocate for the petitioners submits that the petitioner no. 2 has already been taken into custody. Accordingly, this application is not pressed on behalf of the petitioner no. 2. The application is dismissed in so far as the petitioner no. 2 is concerned.
In so far as the petitioner no. 1 is concerned, learned Advocate says that the incident was a fall-out of a dispute that arose in relation to banana plucking between two groups. There was a free fight. Members of both the groups suffered injuries. The petitioner no. 2 also suffered injury and broke his right hand. There is a case and counter-case.
We have seen the material in the case diary. The main allegation is against the petitioner no. 2. The material do not prima facie implicate the petitioner no. 1.
2
On an overall assessment of the material on record and the possible extent of complicity of the petitioner no. 1 in the alleged offence, although charge sheet has not yet been filed, we are of the view that immediate custodial interrogation of the petitioner no. 1 may not be necessary so long as he cooperates with the Investigating Officer.
Accordingly, in the event of arrest, the petitioner no. 1, namely, Haridas Durlav shall be released on bail upon furnishing a bond of Rs. 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.
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.
The application for anticipatory bail being CRM 2043 of 2021 is, thus, allowed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
2 issues framed by the court
Whether anticipatory bail may be granted to petitioner no. 1 despite pending custodial interrogation.
Whether petitioner no. 1 is sufficiently implicated in the alleged offence of assault and mischief.
2 provisions across 2 enactments
Haridas Durlav & Anr.
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
