Calcutta High Court (Appellete Side)
Sk. Shauddin & Ors vs Unknown on 14 June, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
CRM 2415 of 2011
141 14.06.2011CRM 2415 of 2011 akd Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 15th March, 2011 in connection with Nandigram P.S. Case No. 215 of 2008 dated 6th August, 2008 under Sections 302/201/120B/34 of the Indian Penal Code.
In the matter of : Sk. Shauddin & Ors.
.... Petitioners.
Mr. Sekhar Basu, Mr. Ranadeb Sengupta, Ms. Saryati Datta.
... For the Petitioners.
Mr. Pinaki Bhattacharyya.
... For the State.
Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel for the State.
Perused the case diary.
This is an application for pre-arrest bail by the petitioners, who apprehend their arrest in connection with a case relating to offence punishable under Sections 302/201/120B/34 of the Indian Penal Code, registered vide, Nandigram P.S. Case No. 215 of 2008 dated 6th August, 2008.
We have gone through the case diary and find that though prima facie case against the present petitioners as regards their presence and participation in the commission of the offence is made out, but considering the extent of their participation, we are inclined to release them on pre-arrest bail.
But in so far as petitioner no.1, Sk. Shauddin, petitioner no.2, Sk. Mohinuddin, petitioner no.3, Sk. Jahiruddin, petitioner 2 CRM 2415 of 2011 no.4, Sk. Kalimuddin, petitioner no.5, Sk. Abu Taher, petitioner no. 20, Phiroze Mullick, petitioner no.29, Bakul Deb Das and petitioner no. 48, Sk. Julfikar are concerned, their participation in the commission of the alleged murder is made out. They were armed with firearms and shot at the victims. Therefore, their prayer for pre-arrest bail stands rejected and rest of the petitioners, if they are arrested by the police in connection with Nandigram P.S. Case No. 215 of 2008, shall be released on bail upon furnishing P.R. Bond of Rs. 10,000/-, each, with one surety of the like amount each, on further condition as stipulated in Sub-section 2 of Section 438 of the Code of Criminal Procedure.
Thus, the application for pre-arrest bail stands disposed of.
(J. N. PATEL, CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 3 CRM 2415 of 2011