SANDIP BHANDARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) LEARNED Advocate for the Petitioner and Mr. Moitra, Learned Advocate for the State. A copy of the Asansol P.S. G.D. Entry No.767 dated 12.11.97 has been produced by Mr. Mitra, learned Advocate for the petitioner and his contention is that on the basis of such G.D. Entry, his house was searched and he is being harassed by the Police. Having looked to the said G.D. Entry, it appears that the allegations made therein are civil in nature and as such we are convinced that the petitioner is entitled to pray for anticipatory bail on the basis of the said G.D. entry. Accordingly the application for anticipatory bail is allowed in respect of Asansol P.S. (South) G.D. entry No.767 dated 12.11.97 or any case started or to be started on the basis of said G.D. Entry subject to the following conditions :

(2.) THIS order of anticipatory bail would remain operative for a period of six weeks from today as per the decision of the Supreme Court passed in the case for K.L. Verma v. State and Anr., 1997 C Cr LR (SC) 88.

(3.) THIS period of six weeks should not weigh with the Learned Court below at the time of consideration of any bail application, if made, on behalf of the petitioner. 4. This order is passed also after considering the Judgment of the Supreme Court in the case of Gurbaksh Singh Sibbia v. State of Punjab, reported in AIR 1980 SC 1632 where in paragraph 35 of the said judgment at page 1648 it is categorically stated, inter alia, that filing of the first information report is not a condition precedent to the exercise of the power under section 438. The imminence of the likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed. 5. If the certified copy is asked for by the petitioner, the Criminal department is directed to supply the certified copy within 24 Hours. Orders accordingly.