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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code vs In Re: Swapan Mondal @ Bhela & Ors on 2 September, 2019



Sl No.32
CRM 7492 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 14.08.2019 in connection with Murutia Police
Station Case No.130 of 2019 dated 20.07.2019 under Sections 498A/Section304B/Section34
of the Indian Penal Code.

In Re: Swapan Mondal @ Bhela Ors.

… … Petitioners.

Mr. Asraf Mandal
… for the Petitioners.

Mr. Swapan Banerjee,
Ms. Sima Biswas
… … for the State.

It is submitted on behalf of the petitioners that the victim was suffering

from mental ailments and was being taken to Chennai for treatment. En route

she expired and the petitioners have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail and

submits that the petitioners tortured the victim housewife who subsequently

died due to poisoning.

We have considered the materials on record and we note there are

documents to show that the victim housewife was suffering from mental

ailments. Keeping in mind the nature of allegations in the light of the aforesaid

submission that the victim was suffering from mental ailments and had died

while she was being taken to Chennai, we are inclined to grant anticipatory bail

to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be

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

only) each, with two sureties of like amount each, to the satisfaction of the

arresting officer and also be subject to the conditions as laid down under Section

Section438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioners shall appear before the court below and pray for regular bail within a

period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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