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Calcutta High CourtCRM/1132/2019disposed

Ranjit Barman v. State Of West Bengal

2020-01-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Suvra Ghosh2 pages

09.01.2020 Court No.28 SL No.161 AP CRM 12196 of 2019 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.12.2019 in connection with Mathabhanga P.S. Case No. 422 of 2019 dated 09.10.2019 under Sections 447/326/307/34 of the Indian Penal Code. And In the matter of: Ranjit Barman & Anr.

....Petitioners.

Mr. Pronojit Roy ...for the Petitioners.

Mr. Partha Pratim Das ...for the State.

It is submitted on behalf of the petitioners that they are in custody for about 81 days and the instant case arose out of a village dispute.

Learned lawyer for the State opposes the prayer for bail and submits that the vision of the victim had been lost due to assault.

Having considered the materials on record and as the case arose out of a sudden quarrel and keeping in mind the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

Let the petitioners be released on bail upon furnishing a Bond 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 Learned Additional Chief Judicial

Magistrate, Mathabhanga, Cooch Behar subject to the condition that during bail the petitioners shall appear before the learned trial court regularly till disposal of the trial and the petitioners 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. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)