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Calcutta High CourtCRM (A)/5449/2023allowed

Sumu Mondal v. The State Of West Bengal

2024-02-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

02.02.2024 Serial no. 63 Anticipatory bail [Allowed] Dd CRM (A) 5449 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Talpatighat Police Station Case No. 192 of 2023 dated 01.09.2023 under Sections 302 and 34 of the Indian Penal Code, 1860.

(G.R. Case No. 2400/2023) -AndIn the matter of : Sumu Mondal ... ... Petitioner Mr. Arkadyuti Pahari, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, APP Mr. Santanu Chatterjee, Advocates ... ...For the State Victim died due to consumption of poison. Statement recorded under Section 161 of the Criminal Procedure Code does not place the petitioner before us at the place and time of occurrence.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner cooperate with the investigations till the conclusion of the investigations and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass

appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5449 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)