Srimanta Dey v. State Of West Bengal

ADDL 4.

December 2, 2020.

SG CRM 5309 of 2020 In Re. An application for bail under Section 439 of the Code of Criminal Procedure in connection with Joypur Police Station Case No.168 of 2017 dated 21.11.2017 under Section 302 of the Indian Penal Code.

In the matter of: Srimanta Dey ...petitioner.

Ms Pampa Dey Dhabal ... for the petitioner.

Mr Swapan Banerjee Ms Purnima Ghosh ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Pursuant to the order of November 18, 2020, the petitioner has been removed from the Midnapore Central Correctional Home to the Institute of Mental Care, Purulia. The same would be evident from a communication dated November 25, 2020 issued by the Superintendent of the Midnapore Central Correctional Home to learned Public Prosecutor in this court.

The relevant institute should prepare a report on the status and condition of the petitioner and forward the same to the trial court. Since the father of the petitioner is present in court and speaks of some ailments that the son suffers from, the relevant institute is directed to ensure that due care is taken of the petitioner and adequate treatment afforded to

him as may be necessary. In the event the petitioner is found to be of unsound mind, it will be open to the trial court to take appropriate steps in accordance with law. The relevant report should be filed before the trial court within four weeks from date.

In view of the above, CRM 5309 of 2020 along with CRAN 1 of 2020 stand disposed of.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )