An Application For Bail Under … vs In Re:- Masud Mondal on 23 June, 2017

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23.06.2017

sm
Allowed
CRM No.5862 of 2017

In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 20.06.2017 in connection with
Hariharpara Police Station Case No.470 of 2012 dated 20.11.2012
under sections 498A/302/34 of the Indian Penal Code.

And

In Re:- Masud Mondal…. Petitioner(In Jail)

Ms.Sreyashee Biswas
Ms.Benajir Hasna …. for the petitioner

Mr.Pradipta Ganguly… for the State.

Heard the learned advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband of the victim-house. He was on

bail. Since on one occasion, he was absent in court, the learned

court cancelled his bail and issued warrant of arrest.

It is true that he surrendered in the court one and half years

after the issuance of warrant of arrest.

Now, considering the fact he was on bail and is in custody for

about 42 days, his prayer for bail stands allowed, but on stringent

conditions.

Let the petitioner be released on bail upon furnishing a Bond

of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom

must be local, to the satisfaction of the learned Chief Judicial
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Magistrate, Berhampore, Murshidabad and on further condition that

after release, he shall not leave the Hariharpara Police Station

except for the purpose of attending the court-proceeding and shall

report to the Investigation Officer of the case thrice in every week

until further orders.

We make it clear that if the petitioner fails to make himself

available before the learned trial court, the learned trial court shall

have the liberty to cancel the bail granted to the petitioner and take

him into custody without any further reference to this Court.

Needless to mention that if such situation arises, then in that

case, before taking any step, the petitioner must be given a

reasonable opportunity of hearing.

Accordingly, this application for bail is disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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