Prasenjit Samata @Tiklu v. State Of West Bengal

06.10.2020 Sl. 12 (supp.) C.R.M. 7407 of 2020 With CRAN 1 of 2020 (Via Video conference) sp.

In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection Tamluk Police Station Case No. 327 of 2017 dated 04.07.2017 under Sections 395/397/412 of the Indian Penal Code.

And In Re: Prasenjit Samanta @ Tiklu ...........petitioner Mr. Mrityunjoy Chatterjee ..... for the petitioner.

Mr. Saibal Bapuli, Ld. A.P.P., Ms. Sayanti Santra ...for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

This is a case about involvement of the petitioner in an alleged dacoity. The petitioner is in custody for 3 years and 3 months. The charge sheet was submitted way back on 27th July, 2017 and charge was framed in 2018.

Where there is no other material against the petitioner, we are surprised to note the submission of the learned advocate for the State that the petitioner should be kept in custody till the conclusion of the trial.

In those circumstances, the application for bail is allowed. The petitioner will be released on bail upon furnishing security of Rs. 10,000/- (Rupees Ten Thousand) together with personal release bond of equivalent value to the satisfaction of the appropriate court in Purba Medinipur. The petitioner must, however, attend on every date fixed for trial and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to this court. We add a further condition that the petitioner will not leave the jurisdiction of the

local police station without informing the I.C., or the learned court. CRM 7407 of 2020 and the interim application filed therein are disposed of.

(I.P. MUKERJI, J.) (HIRANMAY BHATTACHARYYA, J.)