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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code vs In Re on 9 April, 2019

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09.4.2019
45

md.

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.

And
In Re:-

Dibakar Ghosh @ Panna
… Petitioner
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

Penal Code.

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

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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

SSKM Hospital.

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,

2019.

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

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open to the petitioner to rely on medical reports as to his

condition.

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. )

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