Calcutta High Court (Appellete Side)
Md. Sulaiman Mistri & Anr vs The State Of West Bengal on 6 August, 2013
Author: Jayanta Kumar Biswas
Bench: Asim Kumar Ray, Jayanta Kumar Biswas
In The High Court At Calcutta
Criminal Miscellaneous Jurisdiction
Appellate Side
Present : The Hon'ble Mr. Justice Jayanta Kumar Biswas
and
The Hon'ble Mr. Justice Asim Kumar Ray
CRM No.10863 of 2013
Md. Sulaiman Mistri & Anr.
v.
The State of West Bengal
Mr. Arup C. Chatterjee
Mr. S.S. Ray ....for the petitioners
Mr. Binoy Panda
Mr. S. Mahapatra ... for the State
Heard on: August 6, 2013
Order on: August 6, 2013
Jayanta Kumar Biswas,J: The two petitioners accused of offences under
ss.364/364A/120B/34 IPC and in custody from March, 19, 2013 are seeking bail under
s.439 CrPC.
We have heard advocates for the petitioners and the State and have perused the
case diary. Advocate for the petitioners has submitted that the petitioners, two contract
labourers, have been implicated without any valid reason. He has prayed for bail saying
that charge-sheet has already been submitted. Advocate for the State has invited our
attention to the s.164 statements of the defacto complainant, the wife of the victim, and of
the victim himself. He has mentioned that bail prayer of the second petitioner was rejected
by this court on two previous occasions.
The prosecution case has been made very strong by the s.164 statements of the
defacto complainant and the victim, which reveal how the two petitioners committed the
offence of abduction for ransom. The defacto complainant in her statement specifically
named the first petitioner as the person making the phone call. The victim has specifically
named both the petitioners as the persons abducting him, beating him repeatedly, and
threatening to kill him unless the ransom was paid. In our opinion, this is not a case for
bail, rather a case for the petitioners' custodial trial. Bail to the petitioners is likely to affect
the general interest of the society and trial of the case.
For these reasons, we dismiss the CRM. Certified xerox.
,
(Jayanta Kumar Biswas,J.)
kc (Asim Kumar Ray,J.
2 kc (Asim Kumar Ray,J.)