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Judgments of Supreme Court of India and High Courts

2018) vs In Re: Moti Chandra Das @ Mati … on 14 September, 2018



Sl. No.15
C. R. M. 7571 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
11.09.2018 in connection with Chanchal Police Station Case No. 388 of 2018 dated
21.06.2018 under Sections 498A/304 of the Indian Penal Code. (G.R. Case No. 1147 of


In Re: Moti Chandra Das @ Mati Chandra Das
… … Petitioner
Mr. A. Chakraborty .. Advocate
Mr. Arup Sarkar .. Advocate
… … for the petitioner

Mr. Bidyut Kumar Roy .. Advocate
Ms. Rita Datta .. Advocate
… … for the State

The petitioner seeks bail in connection with Chanchal Police Station Case No.

388 of 2018 dated 21.06.2018 under Sections 498A/304 of the Indian Penal Code.

The petitioner has been in custody for 87 days and the charge-sheet has been


According to the petitioner, the case made out by the prosecution can, at the

highest, imply that the petitioner may have fatally injured the victim in a fit of rage. The

petitioner says that he has two children aged nine and eight and such children do not

have any one else to look after them.

The State produces the case diary and refers to the nature of the injury.

According to the State, the matter is fixed before the trial court for commitment.

Since the investigation has been completed, there may not be any need to

detain the petitioner for custodial interrogation subject to the petitioner reporting to the

Officer-in-charge, Chanchal police station once in a week till the trial is concluded and

further subject to the petitioner not leaving the jurisdiction of Chanchal police station

without the express previous leave of the Officer-in-charge of the relevant police station.

Accordingly, the petitioner is directed to be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of

whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate,

Chanchal, Malda on condition that he shall not intimidate the witnesses or tamper with the

evidence in any manner whatsoever and he shall appear before the trial court on every

date of hearing and in the event he fails to do so, the trial court shall be at liberty to cancel

his bail without further reference to this court.

The application for bail is, accordingly, allowed.

A certified copy of this order be immediately made available to the petitioner

subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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