Parimal Roy And Anr. vs State Of Tripura

[1] Heard Mr. B.N.Majumder learned Sr. Advocate assisted by Mr.S.C.Sen, learned advocate for the petitioner.

Heard Mr.Ratan Datta, learned PP appearing for the State respondent.

[2] This application under Section 438 Cr.P.C. was filed for granting pre arrest bail to the petitioner in Salema P.S. Case No.2020 SLM 021 under Section 302 IPC. The matter was heard on 24.3.21 and after hearing the parties at length the petitioners were granted immunity from arrest till final disposal of the bail petition vide order dated 24.03.21 which reads as under:

"[7] I have gone through the case diary which has been produced by the learned Public Prosecutor before this Court. I have also considered the submissions made by learned counsel representing the parties. At this stage, except the statement of the wife of the deceased that her husband was once an employee in the electrical shop of the petitioners and he was terminated from his job on the suspicion that he had stolen some goods from their shop, there is no other material against the petitioners.

[8] Considering all the facts and circumstances of the case, I find it appropriate to pass the following directions in the matter:

(i) The petitioners shall appear before the Investigating Officer of the case thrice in a week at Salema Police station for the purpose of his interrogation by the I.O during investigation.

(ii) They will not leave the State without the permission of the Investigating Officer of the case.

(iii) They will not try to influence any of the witnesses of this case in any manner whatsoever.

[9] The matter be listed on 07.04.2021 for final disposal of the bail application. The Investigating Officer will submit status report about the progress of investigation on or before 7th April, 2021. Till then, the petitioners will not be arrested."

[3] Thereafter operation of the said order was extended till date vide order dated 07.04.21.

[4] Mr.K.Nath learned Advocate appearing for the wife of the deceased submits that Nirmal Roy, one of the accused was found meeting the deceased at Ambassa before his dead body was recovered.

[5] According to Mr.Ratan Datta, learned PP, investigation is going on to ascertain as to whether the petitioners have any kind of involvement in the alleged offence.

[6] Considering the fact that the investigating agency has not yet been able to produce any incriminating material against accused Parimal Roy, said Parimal Roy in the event of his arrest, be enlarged on bail on his furnishing bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the Investigating Officer on the following conditions:

(i) He will appear before the IO as and when called for.

(ii) He will not leave his place of residence without prior approval of the IO.

(iii) He will not try to influence any of the witnesses of the case in any manner whatsoever.

[7] In respect of the other petitioner namely Nirmal Roy, the same directions given under order dated 24.03.21 shall continue to be in force till his matter is finally heard and disposed of.

[8] The IO will submit status report about the progress of the investigation on or before the next date of hearing. Till then, said Nirmal Roy will not be arrested.

Return the CD to learned PP.

Communicate this order to the concerned court as well as the Investigating Officer of this case.

List the matter on 23.4.2021.