Shyam Golui v. State Of West Bengal

18.09.2020 Court No.08 Serial No.06 rpan (Bail).

C.R.M. 6355 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Khanakul P.S. Case No257 of 2019 dated 14.09.2019 under sections 341/325/307/379/302 of the Indian Penal Code; In Re : Shyam Golui ......Petitioner Mr. Mujibar Ali Naskar ....For the Petitioner Mr. Ranabir Roy Chowdhury, Mr. M. Gupta .......For the State Heard the learned advocates appearing on behalf of the parties.

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

The application, being C.R.A.N. No. 1 of 2020, is disposed of.

Learned lawyer for the petitioner submits that the death occurred after a month from the incident. It is further submitted that the ingredients of the offence punishable under Section 302 of the Indian Penal Code are not disclosed in the factual matrix of the case.

Learned lawyer for the State submits that the victim was assaulted by the petitioner and ultimately he died. We have considered the materials on record and keeping in mind the facts and circumstances of the case and in the light of the submission that the victim expired 30 days after the incident, we are of the opinion that further detention of the petitioner is not necessary in the light of the period of detention already suffered i.e., 90 days and he may be granted bail.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- e with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly and on condition that the petitioner shall appear before the Trial Court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail, being CRM No. 6355 of 2020, is 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.)