C. R. M. 3586 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 27.03.2019 in connection with Pingla Police Station Case No. 218 of
2018 dated 10.11.2018 under Sections 498A/302/34 of the Indian Penal Code.
In Re: Sumitra Pal @ Sumitra Paul Ors.
… … Petitioners
Mr. Pravas Bhattacharya .. Advocate
… … for the petitioners
Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are the in-laws of the victim-
housewife and that they have been falsely implicated in the instant case. It is further
submitted that the incident occurred seven years after marriage.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Having considered the materials on record and bearing in mind the extent of
complicity of the petitioners in the alleged crime and the fact that the principal accused i.e.
the husband has been enlarged on regular bail, we are of the opinion that custodial
interrogation of the accused/petitioners may not be necessary in the facts of the present
case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Sumitra Pal @ Sumitra Paul, (2) Asit Pal @ Ashis Paul (3) Pankaj Pal @
Pankaj Paul, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
thousand only) each, with two sureties of like amount each, to the satisfaction of the
arresting officer and also be subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 and on further condition that they shall appear
before the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)