Allowed

Choton @ Ashadul Mondal v. State of West Bengal

Calcutta HC15 Nov 2021CRM/7202/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to Choton Mondal in a case under Sections 447/448/326/307/354/506/34 IPC. The court held that the gravity of the Section 307 charge could be assessed during trial. Considering 65 days of detention, bail was granted with conditions regarding appearance and non-intimidation of witnesses.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000/- and two sureties, subject to court appearance and non-interference with witnesses.

Choton @ Ashadul Mondal Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2021)

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15.11.2021 23 sdas allowed

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CRM 7202 of 2021 (via video conferencing)

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In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 138 of 2021 dated 23.02.2021 under Sections 447/448/326/307/354/506/34 of the Indian Penal Code. And

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In Re : Choton alias Ashadul Mondal ...… petitioner

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Mr. Rakesh Ray ..…for the petitioner

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Mr. P. K. Datta, learned A.P.P. Mr. Santanu Deb Roy ….. for the State

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Learned Counsel appearing for the petitioner submits that the petitioner is in custody for 65 days. It is further submitted that the incident occurred in the course of a sudden fight.

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Learned Counsel appearing for the State opposes the prayer

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for bail.

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We have considered the materials on record including the injury report. Whether the nature of injury would constitute the ingredients of offence under Section 307 of the Indian Penal Code may be assessed at the appropriate stage of the proceeding. However, in view of the aforesaid facts and circumstances of the case and the period of detention suffered by the petitioner, we are inclined in granting bail to him.

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Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be

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local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.

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The application for bail is, accordingly, allowed.

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(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)

Choton @ Ashadul Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Choton @ Ashadul Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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