Madhusudan Tantubay v. State Of West Bengal

19.05.2023.

27.

Ct.No.28 as (Allowed) C.R.M. (DB) 1933 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Indpur P. S. Case No.90 of dated 12.08.2022 under Sections 498A/304B/34 of the Indian Penal Code and charge sheet submitted under Sections 498A/304B/34 of the Indian Penal Code. .

In the matter of : Madhusudan Tantubay.

.... Petitioner.

Mr. Arkaprabho Roy, Mr. Rhiddhiman Mukherjee, Mr. Udayan Mukherjee.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. SGA, Mr. Arindam Sen.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Petitioner is suffering from heart ailments. Report is placed on record. From the report, it appears petitioner is a patient of Rheumatic heart disease and was admitted in Bankura Sammilani Medical College and Hospital.

In view of the aforesaid report which shows the poor health condition of the petitioner, purely on humanitarian consideration, we are inclined to release him on bail. Accordingly, the petitioner viz., Madhusudan Tantubay shall 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 Additional Chief Judicial Magistrate, Khatra, Bankura subject to condition that he shall appear before the trial court on every

date of hearing until further orders and shall not intimidate witnesses 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 is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)