Jamir Khan and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

Jamir Khan and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted (application disposed of favourably): on arrest, the five petitioners to be released on bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 438(2) CrPC conditions; weekly reporting to the Investigating Officer and confinement to Murarai Police Station jurisdiction till final report; appearance before the Additional Chief Judicial Magistrate, Rampurhat, Birbhum within two weeks to pray for regular bail; personal appearance of the Investigating Officer dispensed with.

Issue for consideration

Whether the petitioners (Jamir Khan, Alauddin Khan, Tuhin Khan @ Tuhim Khan, Emajuddin Khan @ Emazuddin Khan and Jahir Khan @ Zahir Khan) are entitled to anticipatory bail under Section 438 CrPC in connection with Murarai Police Station Case No.71 of 2024 dated 14.04.2024 under Sections 341/325/307/34 IPC, and whether custodial interrogation of them is necessary.

Court's answer

Considering the materials available in the case diary, the nature of injury and the petitioners' involvement in the alleged offence, the Court held that custodial interrogation of the petitioners is not necessary.

Ratio / Principle

In the event of arrest, the petitioners — Jamir Khan, Alauddin Khan, Tuhin Khan @ Tuhim Khan, Emajuddin Khan @ Emazuddin Khan and Jahir Khan @ Zahir Khan — shall be released on bail.

Key takeaways

Release is to be 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 the arresting officer.ratio¶9
The release on bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶9
The petitioners shall meet the Investigating Officer of the case once in a week or as and when required till submission of the final report.ratio

Detailed headnote1 paragraphs

High Court of Calcutta (Soumen Sen & Uday Kumar, JJ.; court order dated 09.07.2024) disposed of the anticipatory bail application CRM (A) 2008 of 2024 under Section 438 CrPC of Jamir Khan, Alauddin Khan, Tuhin Khan @ Tuhim Khan, Emajuddin Khan @ Emazuddin Khan and Jahir Khan @ Zahir Khan, sought in connection with Murarai Police Station Case No.71 of 2024 dated 14.04.2024 under Sections 341/325/307/34 IPC. Considering the case diary materials, the nature of injury and the petitioners' involvement in the alleged offence, the Court held custodial interrogation of the petitioners unnecessary and directed that, in the event of arrest, they be released on bail upon a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions; the petitioners were further directed to meet the Investigating Officer once a week and not to leave Murarai Police Station jurisdiction till submission of the final report, and to appear before the Additional Chief Judicial Magistrate, Rampurhat, Birbhum within two weeks to pray for regular bail. Personal appearance of the Investigating Officer was dispensed with. State counsel produced the medical report and the victim's statement, noting the injured was absconding in relation to another police complaint; petitioners' counsel claimed false implication due to previous enmity.

09.07.2024 SL No.07 Court No.29 TN (Allowed)

CRM (A) 2008 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Murarai Police Station Case No.71 of 2024 dated 14.04.2024 under Sections 341/325/307/34 IPC. And In the matter of : Jamir Khan and others. - petitioners. Mr. Sujoy Sarkar, Mr. Uttam Kumar De, Ms. Sneha Srivastava …. for the petitioners. Mr. Arnab Chatterjee, Ms. Rafat Jahan … for the State.

The learned Counsel for the petitioners submits that they have been victimised due to previous enmity and have been falsely implicated.

The learned Counsel for the State has produced the medical report and the statement of the victim. It is submitted that the statement of the injured could not be placed earlier as the injured is absconding in relation to another police complaint.

Considering the materials available in the case diary, the nature of injury and involvement of the petitioners in the commission of the alleged offence, we are of the view that custodial interrogation of the petitioners is not necessary.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Jamir Khan, Alauddin Khan, Tuhin Khan @ Tuhim Khan, Emajuddin Khan @ Emazuddin Khan and Jahir Khan @ Zahir Khan shall be released on bail upon

Signed By : TANMOY NANDAN High Court of Calcutta 10 th of July 2024 11:34:25 AM

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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 the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners shall meet the Investigating Officer of this case once in a week or as and when required till submission of the final report and shall not leave the jurisdiction of Murarai Police Station without the permission of the Investigating Officer till the submission of the final report.

It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum within two weeks from date and pray for regular bail.

The personal appearance of the Investigating Officer is dispensed with.

Accordingly, the application for anticipatory bail is disposed of.

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

(Soumen Sen, J.)

(Uday Kumar, J.)

Signed By : TANMOY NANDAN High Court of Calcutta 10 th of July 2024 11:34:25 AM