In Re : Mrs. Zinnia Basak & Anr (25/07/2019)

CALCUTTA HIGH COURT

In Re : Mrs. Zinnia Basak & Anr

C.R.M. 6512 of 2019

DATE: 25.07.2019

In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 23.7.2019 in connection with Chandannagar P.S case no. 58 of 2019 dated 16.4.2019 under sections 406/420/384/506/34 of the IPC

In Re : Mrs. Zinnia Basak & Anr. …… petitioners

Mr. S. Kumar bhattacharya
Mr. A. Murshid
Mr. D. Pramanik
                    …… for the petitioners
Mr. S. Bapuli
Mr. Arani Bhattacharyya
                    …… for the State

Heard the learned advocates appearing for the respective parties. It is submitted on behalf of the petitioners that there is a commercial dispute between the parties and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submissions made on behalf of the petitioners, we are of the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

Accordingly, we direct that 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, 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 and that petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 6512 of 2019 is disposed of.

(Joymalya Bagchi, J.)

(Manojit Mandal, J.)