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Judgments of Supreme Court of India and High Courts

Dibakar Ghosh @ Panna vs Unknown on 10 June, 2019

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9

C.R.M. 91 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on January 02, 2019 in connection with Balurghat Police Station Case No.
195 of 2018 dated 11.6.2018 under Sections 302/Section304B/Section201/Section498A/Section34 of the
Indian Penal Code.

And

In the matter of: Dibakar Ghosh @ Panna …Petitioner.

Mr. Debabrata Acharyya
Mr. Sital Samanta … For the Petitioner

Mr. S.G. Mukherjee, Ld. P.P
Mr. Partha Pratim Das … For the State

This is a case under Sections 302/Section304B/Section201/Section498A/Section34 of the Indian Penal Code.

This Hon’ble Court by an order dated 09.4.2019 was pleased to cancel the interim
protection granted to the petitioner and directed the petitioner to surrender by April 10, 2019
with the liberty to submit medical reports as to his condition after two weeks when the bail
application was supposed to be placed before the regular bench.

Today when the matter is taken up no fresh medical papers/reports are placed before this
Court pursuant to the order dated 09.4.2019. On the other hand, the learned advocate
appearing for the State produces a report enclosing a report dated 10.5.2019 along with enclosed
medical documents after the petitioner surrendered.

From the medical report no anomaly is reflected and according to the learned advocate for
the State, after M.R.I it is found that the petitioner is normal. Let the report so submitted be kept
on record.

Considering the nature and gravity of the offence and that charge has already been framed
and the evidence of the witnesses is about to commence, we are not inclined to grant bail to the
petitioner.

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Accordingly, the application for bail is rejected.

C.R.M. 91 of 2019 is thus disposed of.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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