Allowed¶6

Md. Abiul @ Md. Abiul Islam @ Abiul Mahammad and Ors. v. the State of West Bengal

Calcutta HC27 Nov 2024CRM(A)/558/2024

Case brief

AI extract

What is this about?

Extension of time to surrender — CRAN 3 of 2024 with CRM (A) No. 558 of 2024 — Calcutta High Court, Circuit Bench at Jalpaiguri, 27.11.2024 — Section 438 Cr.P.C. anticipatory bail — local surety unavailable — condition modified to registered sureties — order dated August 19, 2024 directing surrender within 15 days — surrender window elapsed, learned court declined surrender — bond Rs.15000/- each with two sureties of equal amount — ACJM Mekhliganj — Public Prosecutor did not seriously oppose — application allowed and disposed of.

What did the court decide?

Petitioners given liberty to surrender before the court of learned ACJM, Mekhliganj, within two weeks from date and to furnish bond of Rs.15000/- each with two sureties of equal amount; CRAN 3 of 2024 allowed and disposed of. ¶6

Md. Abiul @ Md. Abiul Islam @ Abiul Mahammad and Ors. Vs… — Anticipatory Bail | Calcutta HC (2024)

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27.11.2024 Ct. No. 01 SL No.148 Cp

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CALCUTTA HIGH COURT

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IN THE CIRCUIT BENCH AT JALPAIGURI

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CRM (A) No. 558 of 2024 With CRAN No. 3 of 2024

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In Re: - An application for appropriate order in CRM (A) No. 558 of 2024.

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And

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In the matter of: Md. Abiul @ Md. Abiul Islam @ Abiul Mahammad & Ors.

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….petitioners.

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Mr. Bikash Singha … for the petitioners. Mr. Kallol Acharjee Mr. Chattu Roy

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…for the State

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CRAN 3 of 2024 is an application for extension of time to enable the petitioners to surrender before the court.

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Learned advocate for the petitioners submits that when the benefit under Section 438 of the Cr.P.C. was extended to the petitioner a condition was imposed that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.15,000/- each with two sureties of like amount, one of whom must be local. However, despite efforts the petitioners could not find a local surety. They again approached this court with an application for modification, which was allowed and the condition was modified to the extent that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.15,000/- each with two registered surety of like amount each, but extension of time was not granted. It is submitted that in the

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order dated August 19, 2024, the petitioners were directed to surrender before the learned court within 15 days from that date. The period has elapsed. The learned court did not allow the petitioners to surrender before the court and as such, they have come before this court with this application.

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Learned Public Prosecutor did not seriously oppose such prayer.

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Heard the learned advocates for the respective parties. Perused the materials on record placed before us. Having regard to the submissions made on behalf of the respective parties, we are inclined to allow this application.

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The petitioners shall be at liberty to surrender before the court of learned ACJM, Mekhliganj, within two weeks from date and furnish bond of Rs.15000/- each, with two sureties of equal amount.

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The application is, thus, allowed and disposed of.

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(Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)

Md. Abiul @ Md. Abiul Islam @ Abiul Mahammad and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Md. Abiul @ Md. Abiul Islam @ Abiul Mahammad and Ors. v. the State of West Bengal

Case brief

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