Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Md. Mostafa & Anr on 13 January, 2014
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
49. January C.R.M. 276 of 2014 13, 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on January 8, 2014 in connection with Darjeeling (Sadar) Police Station Case No. 51 dated May 9, 2012 under Sections 489B/489C of the Indian Penal Code;
And In the matter of : Md. Mostafa & anr. ...petitioners.
Versus State of West Bengal ...opposite party.
Mr. Subhendu Sekhar Roy, Mr. Mahim Sasmal, ...for the petitioners.
Mr. Pradipta Ganguly, ...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Sessions Case No. 46 of 2013 arising out of Darjeeling (Sadar) Police Station Case No. 51 dated May 9, 2012 relating to an offence punishable under Sections 489B/489C of the Indian Peanal Code.
We have heard the learned advocates appearing for the parties and perused the case diary.
It is submitted on behalf of the petitioner that the petitioners are in custody for long period and that their further detention is not necessary.
Having considered the materials in the case diary, we are of the view that further detention of the petitioners is not necessary in the facts of the instant case.
As such, the petitioners, namely, Md. Mostafa and Abdul Hakim alias Dalim, shall be released on bail to the satisfaction of the learned Chief Judicial Magistrate at Darjeeling, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with two sureties of like amount -
2one of whom must be local.
The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. ) dns ( Nishita Mhatre, J. )