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Calcutta High Court (Appellete Side)

Debabrata Pal And Sk. Selim & Ors vs Unknown on 9 August, 2011

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

1 .08.2011 pk CRM No. 6936 of 2011 With CRM 7219 of 2011 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 29th July, 2011 in connection with Khanakul P.S. Case No. 139/09 dated 28.11.09 under Sections 147/148/149/448/341/323/325/326/307/379/427 of the IPC, Sections 25/27 of the Arms Act and Section 9(b)(ii) of the Explosive Act.

And In the matter of:- Debabrata Pal and Sk. Selim & Ors.

                                                      Petitioners

           Mr. Niladri Sekhar Ghosh                      for the petitioners

           Mrs. Sujata Das                               for the State


Both these applications for bail are taken up for hearing together as the same are arising out of the self same case and dispose of by this common order.

Heard the learned Counsel appearing on behalf of the parties. Perused the case papers.

In CRM No. 6936 of 2011, the petitioner is in custody for about 75 days whereas in CRM No. 7219 of 2011, the petitioner nos. 1, 2 and 3 are in custody for about 99 days, 173 days and 81 days respectively.

Now having regards to the nature of injury and considering the materials collected during investigation as well as the petitioners' period of detention in custody, we allow their prayer for bail.

Let the petitioners be released on bail upon furnishing P.R. Bond of Rs. 10,000/- each with one local surety of the like amount each and on condition that they shall not tamper with the prosecution case or commit any offence while on bail. They shall not enter within the jurisdiction of Arambag Sub-Division till the trial is over.

2

Both the applications are, thus, disposed of.

(J. N. Patel, Chief Justice) (Ashim Kumar Roy, J.)