Swapan Saha @ Swapan Kumar Saha v. State Of West Bengal

17.01.2023 Serial no. 36 [Dd] (Anticipatory bail) Allowed) CRM (A) 208 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 469 of 2022 dated 21.07.2022 under Sections 302/34 of the Indian Penal Code.

-AndIn the matter of : Swapan Saha @ Swapan Kumar Saha ... ... Petitioner Mr. Atis Kr. Biswas, Mr. Amit Singh, Ms. Jyoti Agarwal, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli , Advocate ... ...For the State Police filed charge sheet under Section 304 of the Indian Penal Code, 1860 after conducting an investigation under Section 302 thereof.

The postmortem report of the victim states that the death was due to cardiogenic shock in a pre-existing heart disease which is ante-mortem in nature.

In such circumstance, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for

appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 208 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)