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The Indian Penal Code vs In Re : Shyam Sundar Mahanta @ Manoj on 11 May, 2018

1

11.05.2018
45
sdas
Allowed

C.R.M. 2196 of 2018

In Re:- An application under Section 439 of the Code of Criminal
Procedure filed on 04.05.2018 in connection with Balurghat Police
Station Case No. 113 of 2018 dated 26.03.2018 under Sections
498A/326/307//34 of the Indian Penal Code and added Section 302 of
the Indian Penal Code.
.

And

In Re : Shyam Sundar Mahanta @ Manoj …… petitioner

Ms. Swarnali Chatterjee
…..for the petitioner

Ms. Sukanya Bhattacharya,
Mr. Arindam Sen
….for the State

Leave is granted to the learned Counsel appearing for the

petitioner to correct the cause title in course of the day.

It is submitted by the learned Counsel appearing for the

petitioner that he is in custody for 46 days and it is further submitted

that victim suffered accidental burn injuries and died.

Learned Counsel appearing for the State opposes the prayer for

bail.

Having considered the materials in the case diary and bearing in

mind the nature of allegations in the light of dying declaration of the

victim as appearing from page no. 29 of the case diary which speaks of

accidental burns, we are of the opinion that further detention of the

petitioner may not be necessary in the facts of the case.
2

Accordingly, we direct that the petitioner shall be released on bail

upon furnishing a bond of Rs.10,000/- with two sureties of like

amount, one of whom must be local, to the satisfaction of the learned

Chief Judicial Magistrate, Dakshin Dinajpur on further condition that

he shall meet the investigating officer once in a week until further

orders. He shall not intimidate the witnesses or tamper with evidence in

any manner whatsoever and he shall appear before the trial court on

every date of hearing and in the event he fails to do so, the trial court

shall be at liberty to cancel his bail without further reference to this

Court.

The application for bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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