The Single Judge allowed an application for anticipatory bail filed by Susanta Ghosh regarding a case involving alleged assault and cheating. The court granted bail subject to a bond and standard conditions under Section 438(2) CPC.
Anticipatory bail granted subject to a bond of Rs. 10,000 with two sureties and compliance with Section 438(2) conditions.
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.
06.04.2023
5 Ct. No. 29 CHC Allowed
C.R.M.(A) 1454 of 2023
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ketugram Police Station Case No. 694 of 2022 dated 15.12.2022 under Sections 341/323/325/506/34 of the Indian Penal Code, 1860 and adding Section 307 of the Indian Penal Code, 1860.
And
In the matter of: Susanta Ghosh
Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourav Mondal
.…for the petitioner
Mr. P. K. Datta, Md. Kutubuddin .…for the State
Police filed charge-sheet.
Apparently, the injured suffered injuries which were not classified as grievous hurt.
In such circumstances, we grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 petitioner shall appear on every date before the jurisdictional
2
court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 341, 323, 325, 506, 34 and 307 of the IPC.
What conditions must the petitioner meet to secure release on bail in the event of arrest.
What consequences follow the non-compliance with bail conditions granted by this court.
4 provisions across 2 enactments
Susanta Ghosh
State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
