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Calcutta High CourtCRM (DB)/2724/2024allowed

Subrata Pal And ORS. v. The State Of West Bengal

2024-09-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

10.09.2024 Ct. No. 06 SL No. 43 S.De C.R.M. (DB) 2724 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Beliaberah P.S. Case No. 41 of 2015 under Sections 406/420/467/120B of the Indian Penal Code. And In the matter of: Subrata Pal & Ors.

Mr. Soumyajit Das Mahapatra, ...for the Petitioners.

Mr. Saibal Bapuli, Mr. Mirza Firoj Ahmed Begg, ....for the State.

1. Petitioner nos. 1, 2 and 3 are in custody since 25.06.2024. Petitioner nos. 4, 7 and 8 are in custody since 20.06.2024. Petitioner nos. 5 and 6 are in custody since 21.06.2024 while petitioner no.9 is in custody since 17.06.2021. Co-accused are on bail. They pray for bail.

2. Learned advocate for the State opposes the bail prayer.

3. We have considered the materials on record. Co-accused are on bail / anticipatory bail.

4. Under such circumstances, we are inclined to enlarge the petitioners on bail.

5. Accordingly, we direct the petitioners viz. Subrata Pal, Mihir Ghosh, Muktipada Barik, Satyaranjan Jana, Satyaranjan Patra, Samir Patra, Satyaban Patra, Rabindra @ Rabindranath Jana and Haribandhu Bera shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court cum Special Court, Jhargram subject to the condition that the petitioners shall appear before the trial court on each and every date of hearing until further orders and shall not

intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event petitioners fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)