Dinesh Sharma v. State Of West Bengal

21.09.2022 as/tkm/ct 28 C.R.M. (DB) 3199 of 2022 sl no. 29 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Lake P.S case no. 201 of 2019 dated 28.10.2019 under sections 394 IPC presently under section 394/397 IPC and Allowed In Re : Dinesh Sharma ...... petitioner Mr. Shireen Hossain ...... for the petitioner Mr. N Ahmed Ms. Sreyashee Biswas ...... for the State Petitioner was released on bail. It is contended on a single day he failed to appear before the court below due to illness. His bail was cancelled and he was committed to custody. He is in custody for 100 days.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record. Due to illness petitioner was absent on a single day. His bail came to be cancelled. Medical certificate of the petitioner is placed on record. Under such circumstances we are of the opinion further detention of the petitioner is not necessary and he may be granted bail.

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, Alipore 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 and on further condition that the petitioner shall remain within the

jurisdiction of the local police station and shall report to the Officer in Charge of he said police station once every fortnight. 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) 3199 of 2022 is disposed of.

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