Calcutta High Court (Appellete Side)
In Re:- Md. Jabbar vs Re: An Application For Bail Under ... on 29 March, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 63 29.3.2016
C.R.M. No. 2289 of 2016 In re:- Md. Jabbar ... Petitioner.
-And-
Re: An Application for bail under Section 439 Cr.P.C. affirmed on 18.3.2016 in connection with Bhaktinagar Police Station Case No.1055/14 dated 19.7.14 under Section 498(A)/324/307 of the Indian Penal Code and read with under Section 3 / 4 of the Dowry Prohibition Act and added under Section 302 of the Indian Penal Code.
Mr. Pravas Bhattacharya ... For the petitioner.
Md. Shamsher Ali .... For the State.
Heard the learned Advocates appearing on behalf of the parties.
The petitioner is the husband of the victim housewife and he is in custody for 404 days.
This is a case, where the recording of evidence was first fixed on October 10, 2015 and thereafter, four more days were fixed and lastly, on March 21, 2016. However, not a single witness has been examined because none was turned up. It is true that a Co-ordinate Bench of this Court rejected the petitioner's prayer for bail on October 28, 2015 but the fact remains thereafter there is no progress in the trial.
Having gone through the Case Diary and considering the nature of the allegations and the materials collected during investigation and the further fact that when no case is made out 2 from the side of the State that if the petitioner is released on bail, he is likely to abscond and considering his length of detention in custody and the progress of the trial, we are of the opinion that the petitioner's prayer for bail can be considered favourably.
Accordingly, we allow the petitioner's prayer for bail. Let the petitioner be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri subject to the condition that after release, the petitioner on each and every date fixed for trial, must be present in court unless prevented due to any unforeseen reason. It is also directed that the petitioner shall not leave the jurisdiction of Bhaktinagar Police Station, except for the purpose of attending the court's proceedings and shall report to the Officer- in-Charge of that Police Station once in every week, until further orders.
We make it clear that if there is any default on the part of the petitioner to abide by the conditions imposed by us as above, the trial court shall have the liberty to cancel the bail granted to the petitioner by us and take him into custody without any further reference to this Court.
3
Needless to mention that if such situation arises, then in that case, before taking any step, the petitioner must be given a reasonable opportunity of hearing.
The application for bail is, thus disposed of.
(Ashim Kumar Roy, J.) (C. S. Karnan, J.)