Calcutta High Court (Appellete Side)
Md. Ansul vs The State Of West Bengal on 6 December, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas and The Hon'ble Mr Justice Dr Mrinal Kanti Chaudhuri C.R.M. No.15293 of 2013 Md. Ansul
-vs-
The State of West Bengal Mr. Musharraf Alam Sk. ...for the petitioner Mr. A.A. Siddiqui Mr. Ayan Basu ...for the State Heard on: December 6, 2013 Order on: December 6, 2013 Jayanta Kumar Biswas, J : The petitioner accused of offences under ss.341/323/324/326/308 IPC (s.304 added subsequently) and in custody from October 26, 2013 is seeking bail under s.439 CrPC.
The court below has refused bail on November 13, 2013 referring to the gravity of the offences.
Advocate for the petitioner has submitted as follows. The charge-sheet has been submitted against twelve. Eleven are on bail. The petitioner is entitled to the equality benefit.
Advocate for the State producing the case diary has submitted as follows. The FIR is dated October 21, 2008. The charge-sheet was submitted on October 25, 2009. All bails were granted by the court below. The petitioner absconding was arrested in execution of a warrant of arrest on October 26, 2013. The eyewitness statements are at pp.66, 68 and 69 and the statements of the injured 2 are at pp.73, 74 and 75. Charges have been framed. In the incident one died and three were injured.
The statement at p.73 is the statement of the injured father of the victim who died in the incident. His statement is fully corroborated by the statements of the other witnesses. He has vividly described how the petitioner played active role with the other accused in killing his son. Having regard to the strength of the prosecution case and the petitioner's conduct, we are of the view that it will not be appropriate to grant the petitioner bail.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J) (Dr. Mrinal Kanti Chaudhuri, J) sb