Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Tanmoy Das & Ors on 13 May, 2014
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1 Cl. May 13, C.R.M. 5496 of 2014 242 2014 In the matter of: An application for bail under Section 439 of the Code of Criminal Procedure Code filed on April 28, 2014 in connection with Basirhat Police Station Case No. 1407 of 2013 dated November 10, 2013 under Sections 302/34 of the Indian Penal Code;
And In the matter of: Tanmoy Das & ors. ...petitioners.
and
State of West Bengal ...opposite party.
Mr. Souvik Chatterjee,
...for the petitioners.
Mr. Prabir Kumar Mitra,
Mr. Kalyan Kumar Bhattacharjee,
...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Basirhat Police Station Case No. 1407 of 2013 dated November 10, 2013 relating to an offence punishable under Sections 302/34 of the Indian Penal Code.
We have heard the learned advocates appearing for the parties and perused the case diary.
It is submitted on behalf of the petitioners that the petitioners are in custody for one hundred fifty two (152) days and that further detention of the petitioners is not necessary. It is further submitted that one of the co-accused persons has already been released on bail.
Having considered the materials in the case diary, particularly, in view of the fact that investigation in the instant case is complete and bearing in mind the complicity of the petitioners in the alleged murder of the victim, we are of the view that further detention of the petitioners is not necessary and they may be released on bail.
Accordingly, the petitioners, namely, Tanmoy Das, Krishna Roy and Narayan 2 Das, shall be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate at Basirhat, North 24-Paraganas, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only each with two sureties of like amount - one of whom must be local, subject to the condition that the petitioners shall attend the trial court on each and every date of hearing unless prevented by sufficient cause and on further condition that they shall meet the officer in-charge of Basirhat police station once in a week till completion of the trial.
The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. )
dns ( Shib Sadhan Sadhu, J. )