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Judgments of Supreme Court of India and High Courts

2172 Of 2017 vs In Re: Dipak Mondal & Anr on 25 June, 2018

1

25.06.18

Sl. No.27
akd
[ALLOWED]
C. R. M. 4092 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
21.06.2018 in connection with Bhutni Police Station Case No. 58 of 2017 dated
24.05.2017 under Sections 498A/302/201/34 of the Indian Penal Code. [G.R. Case No.
2172 of 2017]

And

In Re: Dipak Mondal Anr.

… … Petitioners

Ms. Minoti Gomes .. Advocate
Mr. Kalidas Saha .. Advocate
… … for the petitioners

Mr. Rana Mukherjee .. Ld. Addl. Public Prosecutor
Md. Anwar Hossain .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/302/201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that they are in custody for about 257

days and that they are the in-laws of the victim-housewife. It is further submitted that the

principal accused namely, Gautam Mondal is presently on regular bail.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

We have considered the materials on record. Keeping in mind the period of

detention suffered by the petitioners and the fact that the principal accused namely,

Gautam Mondal is on regular bail and that trial has not commenced as yet, we are of the

opinion that further detention of the accused/petitioners is not necessary.
2

Therefore, the accused/petitioners, namely (1) Dipak Mondal (2) Sadhana

Mandal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only) each, with two sureties of like amount each, one of whom must be local, to

the satisfaction of the learned Chief Judicial Magistrate, Malda subject to condition that

the said petitioners shall appear before the trial court on every date of hearing until further

orders and shall not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel their bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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