Sunil Kumar Saha And ANR v. State Of West Bengal
CRM 8306 of 2020 (Via Video Conference) 20.11.2020 Court No. 16 Item No.23 (D/L) akd & ab In Re: An application for anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bangshihari Police Station Case No. 118 of 2020 dated 11.09.2020 under Sections 306/34 of the Indian Penal Code.
and In the matter of: Sunil Kumar Saha & Anr.
...... Petitioners Ms. Jeenia Rudra.
......for the Petitioners Mr. Rana Mukherjee, Mr. Nirupam Dhali.
...... for the State This is another case under Section 306 of the Indian Penal Code.
The State relies on a suicide note in which the deceased referred to these petitioners and wished the petitioners to be jailed.
Merely because a suicide note refers to a person may not necessarily imply that such person has committed an offence of the nature described in Section of the Code.
Notwithstanding such suicide note, the petitioners are entitled to anticipatory bail as long as the petitioners cooperate with the investigation and do nothing to impede the speedy completion of the trial.
In the event of arrest, the petitioners will be enlarged on bail on furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one
of whom must be local, to the satisfaction of the Arresting Officer. The petitioners should abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. CRM 8306 of 2020 is disposed of.
(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J)