Manefa Khatun @ Manu Bibi@ Mano @Mano Bibi And Another v. State Of West Bengal

CRM No.10810 of 2020 28.01.21 (S.R.) Sl.16 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.993 of dated 03.11.2020 under Sections 147/148/149/326/307/302/201 of the Indian Penal Code read with Sections 25/27/35 of the Arms Act (G.R. Case No.2465 of 2020);

And In re: Manefa Khatun @ Manu Bibi @ Mano @ Mano Bibi & Anr. ... petitioners.

Mr. Sourav Chatterjee Mr. Sujoy Sarkar ... for the petitioners.

Mr. Amanul Islam ... for the de facto complainant.

Mr. Saibal Bapuli, APP Mr. Aravi Bhattacharyya ...for the State.

Case diary, which was retained by this Court is returned to Mr. Bapuli, learned advocate appearing for the State. On the prayer of the learned advocate appearing for the petitioners leave is granted to make necessary correction in the cause title.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 77 (seventy seven) days and dispute arose with regard to fencing. Additionally, learned advocate submits that the petitioners being ladies and they being not involved in the offence, they may be released on bail by any condition, as this Court thinks fit and proper.

The learned advocate for the State draws our attention to the relevant pages in the case diary, which includes the seizure list, postmortem report and statement of the witnesses. We have gone through the materials on record including the charge-sheet, we find that seven witnesses have been relied on by the prosecution and the statements under Section 164 of the Code of Criminal Procedure in respect of two of the witnesses, namely,

Josimuddin and Gulu Md. have been relied on by the prosecution. On an appreciation of the evidence of the aforesaid two witnesses, we are of the opinion that further detention of the petitioners are unwarranted in connection with this case.

Accordingly, the petitioners, namely, Manefa Khatun @ Manu Bibi @ Mano @ Mano Bibi and Sahin Sultana @ Umme Sahin Sultana @ Sultana Bibi, shall 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, Malda and on further condition that the petitioners must be available on the dates specified by the learned Trial Court and any violation of the same will entitle the learned Trial Court to cancel the bail without reference to this Court Accordingly, the application for bail being CRM No.10810 of 2020 is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)