BIJALI SHAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as Mr. S. Moitra, learned Addl. P.P. for the State.

(2.) This is an application for granting anticipatory bail to the petitioners, namely, Smt. Bijali Shat, Kakali Shat and Monica Kanthal as they apprehend that they may be arrested by the police in connection with Goghat P.S. Case No. 2 dated 4.1.99 under sections 498A, 323, 379, 406, 504 and 506(2) IPC.

(3.) In course of hearing learned Addl. P.P. contended that in view of the decisions of the apex Court in Salauddin Abdulsamad Shaikh v. State of Maharashtra, 1996 Cal Cr1. LR (SC) 130 and in K.L.Verma v. State, 1997 Cal Cr1. Lr (SC) 88, High Court or the Court of Session has no power under section 438 Cr PC to grant anticipatory bail without limiting operation of the order to a short period. In other words, he contended that if the Court decides to grant anticipatory bail, it should be granted for specific period of time on expiry of which the applicant under section 438 Cr PC must surrender before the Magistrate and shall ask for regular bail and thereupon such Court shall decide whether regular bail should be granted to the accused or not.