Manik Mandal And ORS v. The State Of West Bengal

22.03.2024.

38.

Ct.No.28.

as (Allowed) C.R.M. (DB) 836 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kashipur P.S. Case No.11 of 2024 dated 28.01.2024 under Sections 448/302/34 of the Indian Penal Code.

In the matter of : Sri Manik Mandal, Sri Phanibhushan Mandal @ Fani Mandal @ Fani @ Fanibhusan Mandal, Sri Janik Mandal & Sri Apu Mandal.

.... Petitioners.

Mr. Mani Sankar Chattopadhyay.

...for the Petitioners.

Mr. Partha Pratim Das, Mr. Asraf Mandal.

...for the State.

1.

Petitioners contend victim died due to natural cause. Coaccused have been granted pre-arrest bail. Accordingly, they pray for bail.

2.

Learned Advocate for the State submits post mortem report.

3.

We have considered the materials on record. Post mortem report notes death was due to deceased condition of vital organs i.e. natural cause.

4.

In view of the aforesaid, we are inclined to enlarge the petitioner on bail.

5.

Accordingly, the petitioners 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 learned Additional Chief Judicial Magistrate, Raghunathpur, Purulia subject to condition that they shall Signed By : ALOK SETH High Court of Calcutta 22 nd of March 2024 06:04:37 PM

appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 22 nd of March 2024 06:04:37 PM