Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Murtuj Sk And Jahangir Sk on 20 October, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1 20.10.2016
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Item No. 10b.r./s.b.
C.R.M. 8404 of 2016 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 6th October, 2016 in connection with G.R. No. 2996 arising out of Islampur P.S Case No. 367 of 2014 dated 29th September, 2014 under Sections 448/323/307/302/34 of the Indian Penal Code; being Chargesheet No. 475/14 dated 18th December, 2014.
and In Re: Murtuj Sk and Jahangir Sk. .......petitioners Mr. Rafikul Alam, ...For the petitioners Mr. Pradipta Ganguly ...For the State The petitioners claim to be in custody in excess of two years in connection with G.R. No. 2996 arising out of Islampur P.S. Case No. 367 of 2014 dated 29th September, 2014, under Sections 448/323/307/302/34 of the Indian Penal Code.
It is not in dispute that the petitioners' journey to this Court on three previous occasions have proved abortive.
We have heard the learned advocate for the parties and perused the materials in the case diary, more particularly the statement of the widow of the deceased recorded under Section 164 of the Code of Criminal Procedure. 2 Having regard to the alleged direct involvement of the petitioners in commission of the alleged offence, we are of the considered view that it is not a fit and proper case where discretion may be exercised in favour of the petitioners.
The application for bail stands rejected.
(Dipankar Datta, J.) ( Siddhartha Chattopadhyay,J.)