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Calcutta High CourtCRM(DB)/242/2024allowed

Sumit Saha v. The State Of West Bengal

2024-05-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 22.05.2024. C.R.M. (DB) 242 of 2024 4/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matigara P.S case no. 45 of 2024 dated 21.1.2024 under sections 498A/302 IPC and Allowed In the matter of : Sumit Saha ..... Petitioner Mr. Hillol Saha Podder ...for the Petitioner Mr. A S Chakraborty, Ld APP Mr. Anirudha Biswas ...for the State Mr. Anirban Banerjee Mr. Dilip Roy ...for the de facto complainant

1. Heard learned lawyers for the parties.

2. Further report with regard to cause of death is placed on record. Report shows death is due to diseased condition of brain and lungs, as noted in the post mortem report, a natural cause. Petitioner is in custody for 122 days and investigation is complete.

3. Under such circumstances, we are inclined to grant bail to the petitioner.

4. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM Siliguri on condition that the petitioner shall appear before the trial court on every date of hearing

and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application being CRM (DB) 242 of 2024 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)