Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Somnath Sarkar @ Bhodal & Ors on 1 August, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
18. 01-08-11
CRM No. 4941 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 25.05.2011 in connection with Berhampore P.S. Case No. 308/2009 dated 27.05.2009 under Sections 326/307/302/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and Sections 3/ 4 of the E.S. Act.
And In the matter of : Somnath Sarkar @ Bhodal & Ors.
- petitioners
Mr. Robiul Islam ... for the petitioners
Mr. Sk. Samsher Ali ... for the State
Heard the learned Counsel appearing for the parties. Perused the case diary.
The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 326/307/302/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and Sections 3/ 4 of the Explosive Substance Act, registered vide, Berhampore P.S. Case No. 308/2009 dated 27.05.2009.
It is submitted that the petitioners are in custody for almost 2 years and out of 21 witnesses, 9 have already been examined. The learned Counsel for the petitioners further submitted that there is no progress in the trial because the court is lying vacant. He also produced before us the depositions of 7 witnesses.
Having gone through the same, we find one of the witnesses P.W. 7, Chiranjit Das, who supported the prosecution case, has named all the petitioners except the petitioner no. 4.
2Having considered the same and the period of detention of petitioner no. 4, Pulak Halder, we allow the prayer for bail of petitioner no. 4 and the rest petitioners, being petitioner nos. 1, 2 and 3, stand rejected.
Let the petitioner no. 4, Pulak Halder, be released on bail upon furnishing P.R. Bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad. He shall not tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail is, thus, disposed of.
(J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)