Sandhya Pal @ Chanda Pal v. The State Of West Bengal
19.03.2024 tkm/ct 28 C.R.M. (DB) 855 of 2024 sl no. 59 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tehatta P.S case no. 842 of 2023 dated 20.10.2023 under sections 326/307 IPC charge sheet submitted under sections 326/307/109/120B IPC and Allowed In Re : Sandhya Pal @ Chanda Pal ... petitioner Mr. Dipankar Mondal Mr. A A Mondal ...... for the petitioner Mr. Jaydeep Biswas ...... for the State
1. Heard learned lawyers for the parties.
2. We have considered the materials on record. It is contended petitioner had been subjected to provocation. Allegation of assault must be seen in the light of the aforesaid circumstance during trial. Balancing the nature of accusation with the period of detention suffered by the petitioner and as she is a lady and there is no chance of abscondence, we are inclined to grant bail to the petitioner.
3. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM Tehatta Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
4. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.
5. The application being CRM (DB) 855 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
TAMAL KRISHNA MANDAL High Court of Calcutta 21 st of March 2024 12:07:13 PM