CRM No. 8367 of 2017
In the matter of: An application for bail under Section 439 of the Code of Criminal
Procedure affirmed on 21.08.2017 in connection Gazole P.S. Case No. 171/2017 dated
14.03.2017 (G.R. Case No. 1094 of 2017) under Sections 498A/302 of the Indian Panel Code.
In re : Shyamal Murmu @ Samar …Petitioner.
Mr. Kallol Mondal
Mr. Musharaf Alam Sk.
Ms. Amrita Chel …for the petitioner
Mr. Saswata Gopal Mukherji..ld.P.P.
Mr. P.P. Das ..for the State
We have heard the learned Counsel appearing for the respective parties and
perused the case diary.
The petitioner is in custody for about 175 days. The charge sheet has already been
Upon consideration of the First Information Report, it appears that the victim
housewife was assaulted with a crowbar whereas according to the post mortem report, it
is a case of poisoning. Upon further consideration of the statements of the neighboring
people recorded under Section 161 of the Code of Criminal Procedure (at pages 12 to 14 of
the Case Diary), we are of the opinion that further custodial detention of the petitioner is
not necessary for further interrogation or in the event bail is granted in favour of the
petitioner, he is likely to abscond.
In view of the above, we are inclined to allow the prayer of the petitioner for
The petitioner be released on bail upon furnishing a bond of Rs.10,000/‐ with two
sureties of Rs.5,000/‐ each, one of whom must be local, to the satisfaction of the learned
Chief Judicial Magistrate, Malda on the condition that the petitioner shall attending the
trial on each and every day or failure on his part even at a single default, his bail stands
cancelled automatically without any further reference to this Court.
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J.)