Calcutta High Court (Appellete Side)
Kabirul Mondal vs Unknown on 10 August, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
37 10.08.2011 C.R.M. 6995 of 2011
Sd
Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 1st August, 2011 in connection with
Dubrajpur P.S. Case No. 49/10 dated 21.04.10 under Section
147/ 148/149/302/ 307 of the Indian Penal Code and Section
25/27 of the Arms Act and Section 9B(ii) of Indian Explosives Act.
And
In the matter of : Kabirul Mondal.
.... Petitioners (in Jail).
Mr. Tapas Kumar Ghosh,
Mr. Tanmoy Chowdhury.
....For the Petitioners.
Mr. Souvik Mitter.
....For the State.
Heard learned counsel for the petitioners as well as the
learned counsel appearing on behalf of the State. Perused the
case diary.
The petitioners are seeking bail in connection with a
case relating to offence punishable under Section 147/
148/149/302/ 307 of the Indian Penal Code and Section
25/27 of the Arms Act and Section 9B(ii) of Indian Explosives
Act.
It is submitted that the petitioners are in custody for
120 days and out of 22 charge sheeted accused persons
about 15 are on bail.
On the other hand learned counsel for the State
submitted that only one accused is on bail and that is due to
non-submission of charge sheet within the statutory period,
as it appears from the Case Diary. He further submitted that
this man was absconding for nearly one year and he draws
our attention to the statement of number of eye witnesses
wherefrom the petitioner's complicity in the commission of
offence has been prima facie made out.
Accordingly, we are not inclined to allow the prayer for
bail. The prayer for bail is accordingly rejected.
The application for bail accordingly stands rejected.
(J. N. PATEL, CHIEF JUSTICE)
(ASHIM KUMAR ROY, J.)