Calcutta High Court (Appellete Side)
Dr. Partha Pratim Das vs Unknown on 12 April, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
CRM 2857, 2954-56 of 2011
17 12.04.2011CRM 2857 of 2011 akd Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28th March, 2011 in connection with Khejuri P.S. Case No.197 of 2010 under Sections 147 / 148 / 149 / 448 / 379 / 427 / 436 / 506 of the Indian Penal Code.
With CRM 2954 of 2011 Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30th March, 2011 in connection with Khejuri P.S. Case No.177 of 2010 dated 22nd June, 2009 under Sections 147 / 148 / 149 / 448 / 427 / 436 / 379 / 506 of the Indian Penal Code.
With CRM 2955 of 2011 Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30th March, 2011 in connection with Khejuri P.S. Case No.178 of 2009 dated 22nd June, 2009 under Sections 147 / 148 / 149 / 448 / 427 / 436 / 379 / 506 of the Indian Penal Code.
With CRM 2956 of 2011 Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30th March, 2011 in connection with Khejuri P.S. Case No.179 of 2009 dated 22nd June, 2009 under Sections 147 / 148 / 149 / 448 / 427 / 436 / 379 / 506 of the Indian Penal Code.
In the matter of : Dr. Partha Pratim Das.
.... Petitioner.
Mr. Asish Sanyal, Mr. Rajdeep Majumder, Mr. Binoy Kumar Das.
... For the Petitioner.
Mr. Asimesh Goswami, Ld. P.P., Ms. Rita Dutta, Ms. Hasi Saha.
... For the State.
2CRM 2857, 2954-56 of 2011 Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing for the State.
These are the applications by the petitioner for bail. It is the case of the petitioner that he is a Doctor by profession and was attached as Medical Officer (Anesthesiologist) working under National Rural Health Mission attached to the Sillyaberia Block Primary Health Centre, Khejuri-II, Police Station - Khejuri, Dist. Purba Medinipur.
We propose to dispose of all these four applications for bail by passing a common order, as the nature of allegations against the petitioner are identical.
In case of four instances which occurred on 9th June, 2009 for which first information report came to be lodged after a delay of 13 days.
It is the contention of the learned Public Prosecutor that in all these cases, the petitioner was one of the members of unlawful assembly, which ransacked the office and houses of the members of CPI (M) party. They looted their valuable articles and set fire to the houses.
Admittedly for more than a year the petitioner was not arrested in these cases till he came to be arrested on 18th March, 2011 in Khejuri P.S. Case no.49 of 2010 dated 9th April, 2010. Thereafter he was shown arrested in these four cases.
This Court has sought information from the learned Public Prosecutor as to why these cases were not promptly investigated and to give specific reason for further detention of the petitioner in these cases.
Learned Public Prosecutor submits that he cannot give any reason as to why these cases were not promptly investigated and how many wanted accused in the cases are arrested; but he states that most of them are absconding.
Therefore, taking into consideration the allegations against the 3 CRM 2857, 2954-56 of 2011 petitioner and the extent of his involvement, we are inclined to release him on bail in all the four cases.
Let the petitioner be released on bail upon furnishing P. R. Bond of Rs. 5,000/- with one surety of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai, in each case, and on further condition that he shall not enter into the District Purba Medinipur till charge sheet is filed and shall not tamper with the prosecution case and shall not commit any offence while on bail.
In case the petitioner wants to file his nomination for the election of Legislative Assembly, he may visit the office of the returning officer at Contai with prior intimation to the Officer-in-Charge of Khejuri Police Station.
Thus, all the applications for bail stand disposed of.
( J. N. PATEL, CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 4 CRM 2857, 2954-56 of 2011