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Procedure vs In Re: Avijit Biswas on 21 April, 2020



Sl No.6
S.De Saswata
CRAN 1390 of 2020
CRM 2952 of 2020

In Re: An application for bail under Section 439 of the Code of Criminal
In Re: Avijit Biswas.

… … Petitioner.

Mr. Shibaji Kumar Das
… for the petitioner.

Mr. Swapan Banerjee, APP
Mr. P. Ganguly
Ms. S. Bhattacharya

… … for the State.

The petitioner undertakes to affirm the application and properly stamp the

same within 48 hours of resumption of normal functioning of the Court.

The petitioner is the husband and has been implicated in the case under

Sections 498A/304B of the Indian Penal Code.

We find from the materials that the petitioner is in custody for more than

50 days.

The learned advocate for the State opposes the prayer for bail.

Having considered the period of detention of the petitioner and the

submission of both the parties, we are inclined to release the petitioner on

interim bail for a period of three months.

Accordingly, the petitioner shall be released upon furnishing a personal

bond to the satisfaction of the learned ACJM, Ranaghat, Nadia on condition that

he shall not leave his residence without the permission of the officer-in-charge of

the local police station and would not intimidate witnesses or tamper with the

evidence. It is further clarified that during the course of trial in case the

petitioner adopts any strategy which impedes the progress of the trial, the

learned trial Judge will be at liberty to cancel the bail without further reference

to this Court.

The application for bail would appear after two months before the regular


With the above observation CRAN 1390 of 2020 is disposed of.

(Thottathil B. Radhakrishnan, CJ.)

(Tirthankar Ghosh, J.)

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