Grant of interim bail to the applicant under Section 438 Cr.P.C. implicated in theft and criminal conspiracy. Bail granted without requiring personal appearance if supported by surety.
Bail granted on P.R. bond of Rs. 30,000 with one surety.
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.
A.B. NO.79/2017
BEFORE THE HON’BLE THE CHIEF JUSTICE
Present: For the applicant : Ms. S. Deb Gupta, Advocate. For the respondent : Mr. R.C. Debnath, Addl. P.P.
22.08.2017.
Heard Ms. S. Deb Gupta, the learned counsel for the applicant. Also heard Mr. R.C. Debnath, the learned Addl. Public Prosecutor appearing for the State.
The application is one under Section 438 Cr.P.C. for granting pre-arrest bail to the applicant namely, Sri Kanak Bhusan Chakraborty, who has been implicated in connection with Kamalpur P.S. Case No.2017/KMP/028 under Sections 468/471/120-B of IPC.
With the assistance of the learned Addl. Public Prosecutor, I have gone through the Case Diary produced by him and examination thereof, I am of the view that this is not a fit case for custodial interrogation of the applicant.
Resultantly, in the event of arrest, the applicant namely, Sri Kanak Bhusan Chakraborty, shall be released on bail on his executing a P.R. Bond of `30,000/- (rupees thirty thousand) with one surety of the like amount to the satisfaction of the arresting authority subject to the condition that he shall make himself available for interrogation as and when called upon to do so by the arresting authority.
The application stands disposed of.
CHIEF JUSTICE
A.B. NO.79/2017
Page 1 of 1
1 issue framed by the court
Whether the applicant is entitled to pre-arrest bail under Section 438 Cr.P.C.
4 provisions across 2 enactments
Kanak Bhusan Chakraborty
State of West Bengal
CHIEF JUSTICE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
