Allowed

Sadhana Mandal v. the State of West Bengal

Calcutta HC28 Feb 2022CRM(A)/48/2022

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AI extract

What is this about?

The Calcutta High Court at Jalpaiguri granted anticipatory bail to the petitioner, a Panchayat Member, in a criminal case alleging offences under the IPC. The court extended relief on the ground of parity with co-accused who had already been granted bail, directing bail amounts and release conditions if arrested.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on bail of Rs.10,000 with two sureties of Rs.5,000 each if arrested.

Sadhana Mandal Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2022)

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28.02.2022

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COURT : 01 ITEM : 41 MATTER : 438 STATUS : ALLOWED TRANSCRIBER : nandy

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CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI

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CRM (A) 48 of 2022

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In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on January 11, 2022 in connection with Naxalbari Police Station Case No. 263 of 2021 dated 20.11.2021 under Sections 341/326/506/34 of the Indian Penal Code.

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And

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In the matter of : Sadhana Mandal

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...Petitioner

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Mr. Hillol Saha Poddar, Advocate Mr. Kallol Acharjee, Advocate Mr. Tapan Bhattacharjee, Advocate

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...for the Petitioner

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...for the State

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The learned Advocate for the petitioner submits that the petitioner being a Panchayat Member has been falsely implicated in the instant case with several other co-accused. It is further submitted that all other co-accused had been extended the benefit under Section 438 of the Code of Criminal Procedure.

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The learned Advocate relies upon the order dated 03.01.2022 passed in CRM 1247 of 2021 and order dated 11.01.2022 passed in CRM(A) 28 of 2022 in support of the aforesaid facts.

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After perusing the materials from the case diary we find that the petitioner stands on the same footing that of the other coaccused. The allegations against the petitioner is omnibus and attributable to the conduct of all the other co-accused. We are thus extending the benefit of Section 438 of the Code of Criminal Procedure to the petitioner on the ground of parity.

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As such, the prayer for anticipatory bail is allowed .

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Accordingly, in the event of arrest the petitioner namely Sadhan Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom must be local to the satisfaction of the arresting officer and on condition as enshrined under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioner shall meet the Investigating Officer as and when called for.

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The application being CRM (A) 48 of 2022 is accordingly disposed of.

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(Harish Tandon, J)

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(Rabindranath Samanta, J)

Sadhana Mandal v. the State of West Bengal

Case brief

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Sadhana Mandal v. the State of West Bengal

Case brief

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