CRM No. 91 of 2019
Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on January 2, 2019 in Sessions Case No.
122 of 2018 arising out of Balurghat Police Station Case No. 195 of
2018 dated 11.06.2018 under Sections 302/304B/201/498A/34
of the Indian Penal Code.
Dibakar Ghosh @ Panna
Mr. Debabrata Acharyya
Mr. Sital Samanta
.. for the Petitioner
Mr. S.G. Mukherjee, P.P.
Mr. Partha Pratim Das
.. for the State
The petitioner seeks bail in Sessions Case No. 122 of 2018
arising out of Balurghat Police Station Case No. 195 of 2018 dated
11.06.2018 under Sections 302/304B/201/498A/34 of the Indian
It does not appear that the petitioner has any valid ground to
be out on interim bail on medical grounds.
It appears from a report of the Senior Medical Officer of the
Presidency Correctional Home that the petitioner is suffering from
left-side haemiparasis that brings an element of weakness to the
legs and may not either be life-threatening or an impediment to the
petitioner being detained in custody. Though he was advised to
undergo an MRI and a carotid doppler study, he has not produced
such reports to the Bangur Institute of Neurology attached to the
It also appears from the reports of the police authorities that
the petitioner has been active in trying to influence the likely
witnesses and even the complainant. The State also seeks the
cancellation of the interim bail, inter alia, in view of the phone-
calls made by the petitioner to the relatives of the victim and his
attempts to influence them.
It is evident that the petitioner has misled the Court into
believing that the petitioner suffers from a serious ailment merely
to avoid being in custody. The petitioner has not complied with
the requirements of the medical board or attended any OPD for
quite some time as reported by the medical board on April 06,
The interim protection granted to the petitioner is cancelled
with immediate effect. The petitioner will be arrested and taken
into custody if he does not surrender by the close of working hours
on April 10, 2019.
The matter will appear two weeks hence before the regular
Bench for the petitioner’s case to be considered further. It will be
open to the petitioner to rely on medical reports as to his
A copy of the report of the medical board has been made over
to Advocate for the petitioner in Court today.
Certified website copies of this order be supplied to the parties,
subject to compliance with the requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )