Calcutta High CourtCRM/7239/2020allowed

Ganesh Chandra Saha @Ganesh Ch. Saha v. State Of West Bengal

2020-10-01Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Shampa Sarkar2 pages

rkd 01.10.2020 Ct. No.08 (Allowed) C.R.M. 7239 of 2020 (IA NO:CRAN 1 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No. 499 of 2020 dated 19/06/2020 under Sections 498A/304B/34 of the Indian Penal Code.

And In the matter of: Ganesh Chandra Saha @ Ganesh Ch. Saha @ Ganesh Saha & Ors.

....petitioners.

Mr. Sandipan Ganguly, Sr. Adv., Mr. A. Sarkar ...for the petitioners.

Mr. T. K. Ghost, Mr. A. Sen ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, CRAN 1 of 2020 is disposed of.

Petitioners are in custody for 103 days.

Learned counsel appearing on behalf of the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case in the light of the submission that the victim committed suicide and in view of the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to 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 Chief Judicial Magistrate, Chanchal, Malda subject to the condition that during bail they shall appear before the learned trial court regularly till disposal of the trial and they shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)