Calcutta High Court (Appellete Side)
The Indian Penal Code vs Anar Ali @ Anaru Ali on 19 July, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
CRM 5937 of 2011 19.07.2011 Court No. 1 Item No. 33 snandy (granted) In Re:- An application bail under section 439 of the Code of Criminal Procedure filed on 07.07.2011
in connection with Itahar P.S. Case No. 241 of 2010 dated 29.08.2010 for committing offence punishable under Sections 147/148/149/448/325/326/308/304/427 of the Indian Penal Code.
And In the of the matter of : Anar Ali @ Anaru Ali Petitioner None For the petitioner Mr. Sekhar Barman For the State.
In spite repeated call none appears on behalf of the petitioner although the Learned Counsel for the State is present in Court and produced the Case Diary.
The petitioner is seeking bail in connection with Itahar P.S. Case No. 241 of 2010 dated 29.08.2010 for committing offence punishable under Sections 147/148/149/448/325/326/308/304/427 of the Indian Penal Code.
Having gone through the Case Diary, we find that this incident took place when some dispute arose over the construction of a village path. We further find that this petitioner although was present with the co-accused but took no active role in the commission of offence.
Now, considering his detention in custody and the role attributed to him, we allow the petitioner's prayer for bail.
The petitioner shall be released on bail upon furnishing P.R. Bond of Rs.5,000/- with one surety of like amount, on condition that he shall not tamper with the prosecution case and shall not commit similar offence while on bail.
(J.N. Patel, Chief Justice) (Ashim Kumar Roy, J)