Calcutta High Court (Appellete Side)
Section 3/4 Of The Pdpp Act And Section 15 ... vs Allowed on 28 November, 2018
1 28.11.2017
tkm/ct 28 C.R.M. 10111 of 2018 sl no. 45
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 15.11.2018 in connection with Joynagar P.S case no. 1029/2018 dated 21.10.2018 under sections 147/148/149/353/333/307/427/188 of the Indian Penal Code and section 3/4 of the PDPP Act and section 15 of the MPO Act And Allowed In Re : Subhasis @ Suvasis Sarder .....petitioner Mr. Kallol Basu Mr. Anindya Sundar Das Mr. Avipsa Sarkar Mr. S. Bagchi ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Heard the learned advocates appearing for the petitioner and the State Petitioner is in custody for 38 days and it is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail and submits that police personnel have been detained up.
We have considered the materials on record and we note that the allegations are general and omnibus in nature.
In view of the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.
2Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Baruipur on condition that the petitioner shall appear before the trial court on every date of hearing until further orders and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall meet the investigating officer once in a week.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application being CRM 10111 of 2018 is disposed of. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)