Allowed

Firoja Mondal @ Firoja Bibi v. State of West Bengal

Calcutta HC16 Feb 2023CRM (A)/367/2023

Case brief

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What is this about?

The court allowed two analogous applications for anticipatory bail in a case involving suicide ( Sections 306/34 IPC ), directing release on bond with conditions including monthly reporting to the Investigating Officer and court appearance, finding no need for custodial interrogation despite a 35-day delay in filing the complaint.

What did the court decide?

Grant of anticipatory bail on bond of Rs. 10,000 with two sureties, subject to conditions of reporting to the Investigating Officer and appearing in court.

Firoja Mondal @ Firoja Bibi Vs State of West… — Murder and Culpable Homicide | Calcutta HC (2023)

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16.02.2023 07 & 56 Ct. No. 29 KAUSHIK allowed

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C.R.M.(A) 367 of 2023

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In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 312 of 2022 dated 23.05.2022 under Sections 306/34 of the Indian Penal Code.

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And

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In Re : Firoja Mondal @ Firoja Bibi

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...… petitioner

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with

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C.R.M.(A) 689 of 2023

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And

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In Re : Asan Mondal & Anr.

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...… petitioner

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Mr. Prabir Majumdar .…for the petitioners in both the applications

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Mr. Debabrata Chatterjee Ms. Debjani Dasgupta .…for the State in CRM(A) 367 of 2023

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Mr. S. G. Mukherjee, learned Public Prosecutor Ms. Faria Hossain Ms. Baisali Basu .…for the State in CRM(A) 689 of 2023

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Two applications for anticipatory bail are taken up for

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consideration analogously as they emanate out of the same police case.

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The victim committed suicide.

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The petitioners returned with the dead body of the victim. The police complaint was lodged 35 days after the death of the victim.

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Materials in the case diary does not suggest requirement of custodial interrogation of the petitioners.

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In such circumstances, we grant anticipatory bail to the petitioners.

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Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners in CRM(A) 689 of 2023 shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner in CRM(A) 367 of 2023 shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

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These applications for anticipatory bail are, thus, allowed.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Firoja Mondal @ Firoja Bibi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Firoja Mondal @ Firoja Bibi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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