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Calcutta High CourtCRM (DB)/1549/2022allowed

Sabir Sk @ Hasa And ORS v. State Of West Bengal

2022-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

10.06.2022 tkm/ct 28 C.R.M. (DB) 1549 of 2022 sl no. 49 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chapra P.S Case no. 249 of 2022 dated 2.5.2022 under sections 447/304/323/34 IPC And Allowed In Re : Sabir Sk @ Hasa & Ors. ........ petitioners Mrs. K Roy ...... for the petitioner Ms. Sinha Ms. E Dutta ...... for the State Petitioner is in custody for 40 days. It is contended that there was an altercation and victim suffered cardiac arrest. Learned lawyer for the State opposes the prayer for bail. Having considered materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission which appears to be corroborated by medical evidence, we are inclined to grant bail to the petitioner.

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 CJM, Ndia 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. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1549 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)