High CourtsDivision Bench

Sanjib Banerjee vs State

Calcutta High Court · Decided on 25 August 2020 · Citation: (2020) 08 CAL CK 0071

HON’BLE JUDGES
Sanjib Banerjee, J · Aniruddha Roy, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5804 Of 2020, Criminal Application No. 4214 Of 2020
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Judgment

6 paragraphs · 213 words

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The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that an altercation with his wife has resulted in exaggerated charges being levelled. The State says that the medical report indicates that the petitioner had attempted to throttle his wife. According to the State, the wife perceives the petitioner to be in a relationship with some other woman.

Considering the circumstances, the petitioner's custodial interrogation may not be necessary; but the petitioner is directed to ensure that the wife is able to maintain herself, in the event his wife has any difficulty. It will also be open to the wife to seek appropriate monthly maintenance charges, if the wife deems it necessary.

In the event of arrest, the petitioner will be released on bail upon furnishing a bond for Rs.10,000/- (ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also comply with the conditions laid down in Section 438(2) of the Code.

CRM 5804 of 2020 and CRAN 4214 of 2020 are disposed of.