R C GOYEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The application was originally filed under section 438 of the Code of Criminal Procedure before another Division Bench of this Court for granting anticipatory bail to the two petitioners, namely, Sri R.C. Goel and Sri Lalit Kumar Jain as they apprehended arrest in connection with Kulti P.S. Case No. 11/2001 under sections 466/467/469/120BIPC. However, it appears from the record of this case that the said Division Bench by an order dated 30.8.2001 granted leave to the petitioners to amend the cause title so as to make it an application under section 439 of the Code of Criminal Procedure for bail. Accordingly, petitioners amended the cause title of the petition by scoring out section 438 Cr.PC. therefrom and inserting there in section 439 of the said Code. After that this matter stood transferred to us in view of our the then determination. Therefore, petitioners by this application now pray for their release on bail, though admittedly they are not in custody.

(2.) Before we proceed to deal with the main issues involved in the present proceeding, it will be expedient to record certain facts for better appreciation of the contentions of the respective counsel for the parties.

(3.) On an earlier occasion the petitioners filed another application under section 438 of the Code of Criminal Procedure for anticipatory bail in connection with the aforesaid police case. Said application was disposed of by another Division Bench of this Court by an order dated 1.2.2001 by giving the following directions:-