Pratima Pramanik Das And ORS v. State Of West Bengal

01.03.2022 rrc CRM (A) 369 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Pratima Pramanik Das & Ors. ..... petitioners Mr. Sayan De Mr. Sayan Kanjilal Mr. Kaustav Shome .....For the petitioners Mr. Ranabir Roy Chowdhury Mr. Sandip Chakrabarty .....For the State Apprehending arrest in connection with Kumarganj Police Station Case No. 62/2021 dated 02/04/2021 under Sections 341/323/379/325/306/506/34 of the Indian Penal Code, the present application has been preferred. Heard the learned advocates appearing for the respective parties.

Whether the act of the petitioners, per se, would constitute abatement of suicide, is an issue to be considered at the appropriate state of trial. Considering the materials in the case diary and bearing in mind the nature of accusations in the light of the submissions made by the respective parties and the statements of the witnesses, as recorded under Section 161 of the Code, we are of the opinion that custodial interrogation of the petitioners is not necessary moreso when upon completion of investigation, charge sheet has also been submitted.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Pratima Pramanik Das, Sagari Pramanik and Dipak Poddar shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioners shall not tamper with the evidence and/or intimidate the witnesses. They shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioners fail to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 369 of 2022, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)