Penal Code vs In Re:- Ajit Mondal & Ors on 12 September, 2017

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52 12.9.2017

C.R.M. No.8945 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. affirmed on 1.9.2017 in connection with
Jalangi Police Station Case No.280/2017 dated 4.4.2017 under Section 498A/302/201/376/34 of the Indian
Penal Code.

– And –

In re:- Ajit Mondal Ors. …. Petitioners.

Mr. Arnab Chatterjee,
Mr. Anisur Rahman … For the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Mrs. Amita Gaur …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner Nos.1 and 2 are in custody for 122 days and the

petitioner No.3 is in custody for 47 days. Charge sheet has already been

submitted.

Our attention has not been drawn by the learned Advocate for the

State towards any materials in the case diary to show necessity of further

custodial detention of any of the petitioners even after submission of the

charge sheet or that in the event, bail is granted in their favour, they are

likely to abscond.

So, we are inclined to allow the petitioners’ prayer for bail.

Accordingly, we allow their prayer for bail.

Let the petitioners be released on bail upon furnishing bond of

Rs.10,000/- each with two sureties of Rs.5,000/- each for each of the

petitioners, one of whom must be local, to the satisfaction of the learned

Chief Judicial Magistrate, Murshidabad at Berhampore on condition that
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after release, the petitioners shall attend the court below on each and

every day of trial and on their failure to attend the court below on any

single occasion, their bail shall stand cancelled automatically without any

further reference to this Court.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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