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2012 Supreme(SC) 856

SUPREME COURT OF INDIA
H.L. DATTU & CHANDRAMAULI KR. PRASAD, JJ.
MILAN KRISHNA ROY & ANR - Appellants
VERSUS
STATE OF WEST BENGAL - Respondent
Criminal Appeal No. 1981 of 2012 (Special Leave Petition (Crl.) No. 9561 of 2011)
Decided on : 03-12-2012

The court's decision was based on the provisions of Section 438(2) of Cr.P.C., which allows for the grant of anticipatory bail.

Headnote:

Leave granted - Court Order - The court granted leave and made absolute the order dated 16th January, 2012, directing the petitioners not to be arrested and to join investigation as and when called for, and to abide by the provisions of Section 438(2) of Cr.P.C.

Fact of the Case:

The court granted leave and made absolute the order dated 16th January, 2012, directing the petitioners not to be arrested and to join investigation as and when called for, and to abide by the provisions of Section 438(2) of Cr.P.C.

Finding of the Court:

The court found that the order dated 16th January, 2012, should be made absolute, and directed the petitioners to join investigation as and when called for and to abide by the provisions of Section 438(2) of Cr.P.C.

Issues:

Ratio Decidendi: The court's decision was influenced by the facts and circumstances of the case and the provisions of Section 438(2) of Cr.P.C.

Final Decision: The appeal was disposed of accordingly.

ORDER

1. Leave granted.

2. We have heard learned counsel for the parties to the lis.

3. Vide order dated 16th January, 2012, while issuing notice, this Court has ordered that : “……….. Meanwhile, petitioners shall not be arrested....”

4. In the facts and circumstances of the case and having gone through the records of the case, we are of the opinion that the order dated 16.01.2012 be made absolute and is made absolute with a further direction that they shall join investigation as and when called for and shall abide by the provisions of Section 438(2) of Cr.P.C. Appeal disposed of accordingly.

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