Biswa Ranjan Mondal & ORS v. State Of West Bengal

08.09.2020.

Item No. 55 ap (Allowed) C.R.M. 6225 of 2020 With CRAN 1 of 2020 [Old No. CRAN 4734 of 2020] (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.08.2020 in connection with Pathar Pratima Police Station Case No. 44 of dated 09.05.2020 under Sections 347/325/326/354/308/34 of the Indian Penal Code. And In the matter of: Biswa Ranjan Mondal & Ors. ...Petitioners Mr. Mrinal Kanti Mukherjee.

...For the petitioners Mr. Rana Mukherjee, Ld. APP, Mr. Santanu Chatterjee.

....For the State Mr. Partha Sarathi Mondal.

...For the de facto complainant.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application, being CRAN 1 of 2020 (Old No. CRAN 4734 of 2020), is disposed of.

It is submitted on behalf of the petitioners that the principal accused has been arrested. It is further submitted that the incident occurred due to fight between the petitioner and the de facto complainant over ancestral property. Learned Lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the

alleged crime and as the principal accused has already been arrested, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs.10,000/- each, with two sureties of like amount each, 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.

The application for anticipatory bail is, thus, disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)