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Calcutta High CourtCRM (DB)/1828/2023allowed

Jaydeb Pal @ Joydeb Pal v. State Of West Bengal

2023-05-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

10.05.2023 tkm/ct 28 C.R.M. (DB) 1828 of 2023 sl no. 47 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nabadwip PS case no. 48 of 2015 dated 2.2.2015 under sections 498A/306/34 of the IPC And Allowed In Re : Jaydeb Pal @ Joydeb Pal ...... petitioner Mr. S Das Mahapara Mr. D Banerjee Ms. O Ghosh ...... for the petitioner Ms. Faria Hossain Mr. Anand Keshari ...... for the State Petitioner is in custody for 205 days. It is contended victim housewife committed suicide at her parental home. Learned lawyer for the State submits that the petitioner had absconded for a protracted period of time.

We have considered the materials on record. Victim housewife was residing at her parental home for 11⁄2 years. She committed suicide there. There is no possibility of trial concluding in near future.

Keeping in mind the aforesaid circumstances, 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 Judicial Magistrate, Nabadwip 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) 1828 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)