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Khandakar Kamaruzzaman @ Kamal vs State Of West Bengal

Supreme Court Of India|17 October, 2012
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JUDGMENT / ORDER

Summary

Issue: Anticipatory Bail
Rule: Section 438 of the Code of Criminal Procedure (CrPC)
Application: The court has applied the law regarding anticipatory bail under Section 438 of the CrPC and has determined that the appellant is entitled to anticipatory bail.
Conclusion: The court's decision to grant anticipatory bail to the appellant will have a positive impact on the appellant, as it will allow him to remain free on bail during the pendency of the trial.
1. Leave granted.
2. Delay condoned.
3. This appeal is filed against the impugned judgment and order dated 25.08.2011 passed by the High Court of Calcutta in C.R.M.No.4559 of 2011, whereby the High Court has rejected the application for anticipatory bail filed by the appellant under Section 438 of the Code of Criminal Procedure.
4. On 27th July, 2012, while issuing notice, we had granted anticipatory bail to the appellant.
Page 1 : 2 :
5. Having gone through the records and heard learned counsel for the parties to the lis, we are of the considered opinion that our aforesaid order dated 27th July, 2012 be made absolute and is made absolute.
Criminal Appeal is disposed of accordingly.
. J.
(H.L. DATTU) . J.
(CHANDRAMAULI KR. PRASAD) NEW DELHI; OCTOBER 17, 2012 Page 2
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Title

Khandakar Kamaruzzaman @ Kamal vs State Of West Bengal

Court

Supreme Court Of India

JudgmentDate
17 October, 2012
Judges
  • H L Dattu
  • Chandramauli Kr Prasad