Calcutta High Court (Appellete Side)
Arms Act And Section 3/4 Of Pdpp Act vs Allowed on 10 February, 2020
1 10.02.2020
tkm/ct 28 C.R.M. 1223 of 2020 sl no. 117
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 4.2.2020 in connection with Kaliachak P.S Case no. 5 of 2016 dated 3.1.2016 under sections 147/148/149/323/325/326/307/332/333/353/186/379/411/427/435 /436/120B/506 of the Indian Penal Code and sections 25/27/35 of the Arms Act and section 3/4 of PDPP Act And Allowed In Re : Basidul Sk @ Bijul ........ petitioner Mr. A K Bhowmick ...... for the petitioner Mr. P Ganguly ...... for the State Petitioner is in custody for 70 days and it is submitted that no specific overt act was attributed to the petitioner.
Learned lawyer for the State opposes the prayer for bail and submits that the petitioner had absconded for a period of time.
Having considered the materials on record and bearing in mind the nature of allegations and the extent of complicity of the petitioner in the alleged crime and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Malda on condition that the petitioner shall appear before the 2 trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall remain within the jurisdiction of Kaliachak P.S except for the purpose of investigation and attending court proceeding and shall report to the said officer in charge once in a week until further orders.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application being CRM 1223 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)