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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted conditionally: upon arrest, release of Islam Mandal, Sarfuddin @ Swarup Mandal and Santu Mandal @ Abdul Rof Mandal 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 meeting with the Investigating Officer and confinement to Garhbeta police station jurisdiction without the IO's leave until the final report; appearance before the Additional Chief Judicial Magistrate, Garhbeta within two weeks to seek regular bail; application disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in connection with Garhbeta Police Station Case No. 81 of 2024 — specifically, whether custodial interrogation of the petitioners is necessary.

Court's answer

Having considered the materials in the case diary, the nature and extent of the petitioners' complicity in the alleged offence and the nature of injury sustained by the de facto complainant, the Court found custodial interrogation of the petitioners unnecessary.

Ratio / Principle

In the event of arrest, the petitioners shall be released on 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 the arresting officer, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Key takeaways

Each petitioner shall meet the Investigating Officer of the case once every week until submission of the final report.ratio¶9
No petitioner shall leave the jurisdiction of Garhbeta police station without the leave of the Investigating Officer until submission of the final report.ratio¶9
Within two weeks from the date of the order, the petitioners shall appear before the Additional Chief Judicial Magistrate, Garhbeta at Paschim Medinipur and pray for regular bail.ratio

Detailed headnote1 paragraphs

High Court of Calcutta (CRM (A) 2357 of 2024; Soumen Sen and Sugato Majumdar, JJ.), disposing of an anticipatory bail application under Section 438 CrPC by Islam Mandal, Sarfuddin @ Swarup Mandal and Santu Mandal @ Abdul Rof Mandal in connection with Garhbeta Police Station Case No. 81 of 2024 (13.03.2024) under Sections 447/323/325/307/509/34 IPC. On review of the case diary, the petitioners' complicity and the injury to the de facto complainant, the Bench held custodial interrogation unnecessary and directed conditional pre-arrest release: bond of Rs.10,000/- each with two like sureties (one local) to the satisfaction of the arresting officer, subject to Section 438(2) CrPC conditions; weekly reporting to the Investigating Officer; no departure from Garhbeta police station jurisdiction without the IO's leave until the final report; and appearance before the Additional Chief Judicial Magistrate, Garhbeta (Paschim Medinipur) within two weeks to seek regular bail.

11.07.2024 SL No. 57 Court No.29 TN (Allowed)

CRM (A) 2357 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Garhbeta Police Station Case No. 81 of 2024 dated 13.03.2024 under Sections 447/323/325/307/509/34 IPC. And In the matter of : Islam Mandal and others. - petitioner. Mr. Amitava Karmakar, Mr. Pradip Kumar Neogi, Mr. Arnab Kumar Neogi ….for the petitioner Mr. Debashis Roy, Ld. PP, Mr. Bidyut Kumar Roy, Mr. Rahul Ganguly … for the State. 1. The learned counsel for the petitioners submits that due to village rivalry, the petitioners have been falsely implicated. 2. The learned PP appearing on behalf of the State has opposed the prayer for anticipatory bail and has produced the case diary.

Considering the materials available in the case diary, nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the nature of injury sustained by the de facto complainant, 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, Islam Mandal, Sarfuddin @ Swarup Mandal and Santu Mandal @ Abdul Rof Mandal shall be

Signed By : TANMOY NANDAN High Court of Calcutta 12 th of July 2024 10:54:04 AM

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released on 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 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 the case once in a week till submission of the final report and shall not leave the jurisdiction of Garhbeta police station without the leave of the IO till submission of the final report.

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

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.)

(Sugato Majumdar, J.)

Signed By : TANMOY NANDAN High Court of Calcutta 12 th of July 2024 10:54:04 AM