Calcutta High Court (Appellete Side)
CRM-11230-2017 on 13 November, 2017
1
C.R.M. 11230 of 2017
58 13.11.2017In Re : An application for bail under Section 439 of the Code of Criminal SB Ct. No. 28 Procedure filed on 10th November, 2017 in connection with Sankrail P.S. Case No. 1028/2016 dated 13.12.2016 under Sections 147/148/149/353/283/427/436/307/295A/296/506/332/333/120B/379 of the Indian Penal Code and Section 3 of PDPP Act.
In Re : Jane Alam & Anr.
Mr. Subhasish Pachhal ...... For the Petitioners Ms. Zareen N. Khan Mr. Arindam Sen ..... For the State It is submitted on behalf of the petitioners that they are in custody for more than nine months. It is further submitted that no overt act has been attributed by the petitioner in the instant case. Therefore, they may BAIL be enlarged on bail.
Learned counsel appearing on behalf of the State produces the case diary and opposes the prayer for bail. He submits that a communal strife had broken out in the locality over the incident.
Having considered the materials in the case diary and bearing in mind the period of detention and the extent of complicity of the petitioners in the alleged crime, we are of the opinion that further detention of the petitioners may not be necessary in the facts of the case.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah on condition that they shall not enter the jurisdiction of Sankrail Police Station without express permission of the Court and they shall provide the particulars of their place of residence to the investigating officer as well as the trial court. They shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and shall not commit similar offences in future and they shall appear before the trial Court on every date of hearing and in the event they fail to do so their bail stand 2 automatically cancelled without further reference to this Court.
The application for bail is, accordingly, allowed. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)