Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re.: Asmot Molla & Ors on 11 April, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 39. 11.04.2017
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ap C.R.M. 2966 of 2017 In the matter of: an application for bail under Section 439 of the Code of Criminal Procedure filed on 07.04.2017 in connection with Minakhan Police Station Case No. 265 of 2015 dated 28.07.2015 under Sections 302/34 of the Indian Penal Code read with Sections 25(i)(a)/27 of the Arms Act.
And In re.: Asmot Molla & Ors. ... Petitioners Ms. Sreyashee Biswas, Ms. Puja Goswami. ... for the petitioners Mr. Arun Kumar Maity, Mr. Anjan Datta. .... for the State Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
While the petitioner no.1 is in custody for 598 days, the petitioner nos.2 to 6 are in custody for 623 days.
It is true that earlier the petitioners prayer for bail was rejected by a co-ordinate Bench of this Court but fact remains that after examination of the last witness on September 15, 2016 on six days no witnesses were available and trial stands adjourned and on the last occasion since the Presiding Officer was on leave that day also there was no progress in the trial.
We find that over the selfsame incident, there was also a counter case. The offences involved amongst others 307 IPC and 25/27 of the Arms Act.
2Now, going through the FIR, we find that the maker thereof is the eyewitness to the occurrence and according to him, it was the petitioner no.2, who fired the shot, which killed the victim.
The learned counsel for the State could not show us that any blank cartridge was recovered from the place of occurrence and there was no materials besides that Monsur Molla, anybody has used any fire arms.
Having regard to the facts as above and while we allow the petitioner nos.1, 3, 4, 5 and 6, namely, Asmot Molla, Asad Molla, Anchar Molla, Miaraj Molla and Hafijal Molla, such prayer in respect of the petitioner no.2, namely, Monsur Molla, stands rejected.
Let the petitioner nos.1, 3, 4, 5, 6 namely, Asmot Molla, Asad Molla, Anchar Molla, Miaraj Molla and Hafijal Molla be released on bail upon furnishing bond of Rs.20,000/- each with two sureties of Rs.10,000/- each, for each of the aforesaid petitioners, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas subject to the condition that after release, the petitioners shall not enter within the jurisdiction of Basirhat Sub-Division except for the purpose of attending the court's proceedings and before release, they must intimate the Investigating Officer of the case as also to the Court concerned where they shall reside and also meet the Officer-in- 3 charge of that Police Station in whose territorial limit they shall stay thrice in every week, until further orders.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)