Monday, August 11, 2014

ANTICIPATORY 498a as custodial interrogation NOT necessary & no chance abscondence of petitioner; CAL H.C.


Notes
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* Clear bail in a 498A/406/323/34 IPC case.
* Reasons clearly stated
    * custodial interrogation NOT necessary &
    * no chance abscondence of petitioner

* Husbands should use this bail order to obtain their own bail !!


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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)

Chandan Bhar vs State Of West Bengal

on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

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C.R.M. 8828 of 2014

In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on August 1, 2014 in connection with Pursurah Police Station Case No. 13 of 2014 dated March 5, 2014 under Sections 498A/406/323/34 of the Indian Penal Code;

Mr. Antarikhya Basu, ...for the petitioner.

Mr. Bidyut Kumar Roy, ...for the State.

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We have heard the learned advocates appearing for the parties and perused the case diary.

Having considered the materials in the case diary, we are of the view that custodial interrogation of the petitioner is not necessary. There is also no chance of abscondence of the petitioner.

We are, therefore, inclined to allow the prayer of the petitioner for anticipatory bail under Section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest, the petitioner, namely, Chandan Bhar, shall be released on bail upon furnishing a bond of Rs. 3,000/- (Rupees three thousand) only with one surety of like amount to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure. The application for anticipatory bail is, thus, allowed.

( Pranab Kumar Chattopadhyay, J. )

( Sudip Ahluwalia, J. )

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