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Judgments of Supreme Court of India and High Courts

2018 Dated 10.11.2018 Under … vs In Re: Sumitra Pal @ Sumitra Paul & … on 28 March, 2019

1

28.03.19

Sl. No.112
akd
[ALLOWED]
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.

And

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 @
2

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.)

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