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Calcutta High Court (Appellete Side)

493/376/313 Of The Indian Penal Code vs In Re : Pankaj Mandal on 8 July, 2019

                                     1



    08.07.2019
           178
           sdas
         Allowed

                        C.R.M. 5401 of 2019

      In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25.06.2019 in connection with Manikchak
Police Station Case No. 59 of 2007 dated 22.06.2007    under Sections
493//

of the Indian Penal Code.

                                     And

In Re : Pankaj Mandal                    ...... petitioner



        Mr. Kallol Mondal,
        Mr. Musharraf Alam Sk.,
        Mr. Krishan Roy,
        Ms. Amrita Chel
                               .....for the petitioner


        Mr. Bidyut Kumar Roy,
        Ms. Rita Datta
                                ....for the State

It is submitted by the learned Counsel appearing for the petitioner that the allegations are out and out false and victim was a major lady. He also submits that the petitioner is in custody for 104 days.

Learned Counsel appearing for the State opposes the prayer for bail and submits that petitioner had absconded for about a decade and the case records are missing.

Although we would ordinarily be disinclined to grant bail to an accused who had absconded for such a protracted period of time, however, in the peculiar facts and circumstances of the case as 2 appearing from the report of the investigating agency that the case records are missing, we are of the opinion that no fruitful purpose would be served in keeping the petitioner in custody.

Hence, in view of the facts and circumstances of the case, we are inclined to grant bail to the petitioner, however, subject to strict conditions relating to his movement.

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 each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda, and on condition that he shall not leave the jurisdiction of Manikchak Police Station until further orders except for attending the Court proceedings and 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. (Manojit Mandal, J.) (Joymalya Bagchi, J.) 3