MANISH BHOWMIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner herein along with another co - accused had moved this court for bail under Section 438 of the Code of Criminal Procedure, 1973 in the instant case. While ordering the release of the accused on bail in the event of arrest, by its order dated 25th September, 1997 a Bench of this court put the following conditions: "1. that the petitioner No. 1 (petitioner herein) shall make himself available for interrogation by a Police Officer as and when required;

(2.) THAT the petitioner No. 1 shall not, directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(3.) THAT the petitioner No. 1 must attend the concerned police station twice a week until further order and must not leave the jurisdiction of the concerned police station except for attending Court proceedings; This order of anticipartory bail would remain operative for a period of six weeks from today subject to the decision of the Supreme Court passed in the case of K.L. Verma v. State and Another S.D.P. (Crl) Nos. 2578 and 3278 A of 1996. 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 petitioners. " The petitioner herein, thereafter appeared before the S.D.J.M. Asansol on 4.11.97 before the expiry of six weeks. The learned Magistrate, in view of the order above passed by a bench of this court, granted interim bail. The matter, however, whether regular bail be granted to the petitioner, was taken up by the learned Magistrate on 17.12.97. The learned Magistrate rejected the bail application and observed :