Calcutta High Court (Appellete Side)
Pdpp Act And Section 9 Of The Mpo Act. ... vs In Re: Ranjit Pal & Ors on 26 September, 2018
1 26.09.18
Sl. No.25 akd [ALLOWED] C. R. M. 7949 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.09.2018 in connection with Chinsurah Police Station Case No. 25 of 2018 dated 18.01.2018 under Sections 121/121A/122/124A/147/148/149/323/325/326/186/224/225 /333/353/152/153/307/427/436/506/120B of the Indian Penal Code, Sections 3/4 of the PDPP Act and Section 9 of the MPO Act. [G.R. Case No. 116 of 2018] And In Re: Ranjit Pal & Ors.
... ... Petitioners Mr. Sudip Ghosh Chowdhury .. Advocate ... ... for the petitioners Mr. Arun Kumar Maity .. Ld. Addl. Public Prosecutor Ms. Trina Mitra .. Advocate ... ... for the State The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 121/121A/122/124A/147/148/149/323/325/326/186/224/ 225/333/353/152/153/307/427/436/506/120B of the Indian Penal Code, Sections 3/4 of the PDPP Act and Section 9 of the MPO Act.
It is submitted on behalf of the petitioners that they are in custody for more than eight months and that they have been falsely implicated in the instant case. It is further submitted that co-accused persons are on bail.
Learned Counsel for the State opposes the prayer for bail and submits that an application for cancellation of bail of some of the co-accused persons have been filed before this court.
We have considered the materials on record. We note that the petitioners are in custody for over eight months and trial has not commenced as yet. Keeping in mind the 2 nature of allegations and the extent of complicity of the petitioners in the alleged crime, we are of the opinion that further detention of the accused/petitioners is not necessary.
Therefore, the accused/petitioners, namely (1) Ranjit Pal, (2) Chiranjit Ghosh @ Chiro, (3) Chandan Santra @ Peto, (4) Santu Singh, (5) Amit Chakraborty @ Gatis, (6) Susanta Mitra @ Sasa @ Susan, (7) Nepu Giri, (8) Sk. Lal Babu @ Badal, (9) Rajkumar Chatterjee @ Raja, (10) Ujjal Bapari @ Lala & (11) Dinesh Prasad, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly subject to condition that the said petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)