Pranab Kumar Das and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

Pranab Kumar Das and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest, release of Pranab Kumar Das, Pasupati Jana and Sukanta Jana on a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC conditions, weekly meetings with the I.O. till the final report, restriction to District Purba Medinipur absent I.O. permission, and appearance before the ACJM, Tamluk, Purba Medinipur re G.R. No. 1087/24 within two weeks; application thereafter disposed of.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure should be granted to the petitioners in respect of Chandipur Police Station Case No. 0104 of 2024. +1 more

Court's answer

The prayer for anticipatory bail of the petitioners (Pranab Kumar Das, Pasupati Jana and Sukanta Jana) is allowed: in the event of arrest they shall be released on bail upon a bond of Rs.10,000/- each with two sureties of like amount each (one local), satisfying the Arresting Officer, subject to Section 438(2) CrPC conditions, with weekly meetings with the I.O. until submission of the final report, no departure from District Purba Medinipur without the Investigation Officer's permission, and appearance before the learned Additional Chief Judicial Magistrate, Tamluk, Purba Medinipur in connection with G.R. No. 1087/24 within two weeks from date.

Ratio / Principle

Having considered the case diary materials, the nature and extent complicity of the petitioners in the alleged offence and the injury report, this bench determined that custodial interrogation of the petitioners is not necessary.

Detailed headnote1 paragraphs

CALCUTTA HIGH COURT — CRM (A) 1888 of 2024 (decided 04.07.2024; bench: Soumen Sen, J. & Uday Kumar, J.). Anticipatory bail application under Section 438, Code of Criminal Procedure, by Pranab Kumar Das, Pasupati Jana and Sukanta Jana, in connection with Chandipur Police Station Case No. 0104 of 2024 (dated 01.04.2024) under Sections 323/34/341/342/365/506, Indian Penal Code, pending before the Additional Chief Judicial Magistrate, Tamluk, Purba Medinipur. The Officer-in-Charge's report recorded the petitioners' compliance with the Section 41(A) CrPC notice and cooperation with the investigation; counsel for the State opposed the prayer. Considering the case diary, the nature and extent complicity of the petitioners and the injury report, the court held custodial interrogation unnecessary and ALLOWED anticipatory bail: release on arrest on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions; petitioners to meet the I.O. weekly till submission of the final report, not to leave District Purba Medinipur without the Investigation Officer's permission, and to appear before the ACJM, Tamluk, Purba Medinipur in connection with G.R. No. 1087/24 within two weeks. Application disposed of; parties to act on server copies downloaded from the official website of the Court.

04.07.2024 Court No.29 Item No. 1

Allowed

sg CRM (A) 1888 of 2024

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandipur Police Station Case No. 0104 of 2024 dated 01.04.2024 under Sections 323/34/341/342/365/506 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Tamluk, Purba Medinipur.

And

In Re: Pranab Kumar Das & Ors.

Petitioners

Mr. Dinesh Pani

For the Petitioners

Mr. Saibal Bapuli Mr. Sujoy Sarkar

For the State

The report filed by the Officer-in-Charge of the Chandipur Police Station is taken on record.

The report shows that the petitioners have complied with the notice under Section 41(A) of the Code of Criminal Procedure and have cooperated with the investigation.

The learned Counsel for the State opposes the prayer for anticipatory bail.

Considering the materials available in the case diary and the nature, the nature and extent complicity of the petitioners in the commission of alleged offence and also considering the injury report, we are of the view that custodial interrogation of the present petitioners is not necessary.

Accordingly, we direct that in the event of arrest the petitioners namely, Pranab Kumar Das, Pasupati Jana and Sukanta Jana , shall be released on

Signed By : SANJIB GHOSH High Court of Calcutta 5 th of July 2024 05:12:55 PM

2

bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with a further condition that the petitioners shall meet the I.O. once in a week till the submission of the final report. The petitioners shall not leave the jurisdiction of District Purba Medinipur without the permission of the Investigation Officer. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Tamluk, Purba Medinipur in connection with G.R. No. 1087/24 within two weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1888 of 2024 is, thus, disposed of.

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

(Soumen Sen, J.)

(Uday Kumar, J.)