Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Unknown on 18 April, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
013..
C.R.M. 5487 of 2013.
In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 12.04.2013 in connection with Keshpur P.S. Case No.228 of 2012 dated 20.12.2012 under Sections 147/148/149/323/324/325/326/307/427/379/302 of the Indian Penal Code read with Sections 25/27 of the Arms Act and 9B Indian Explosive Act In the matter of : Urmila Sant & Ors. ... petitioners Mr. Deep Chaim Kabir Mr. Prasenjit Sarkar ... for the petitioners Mr. Joydeep Biswas ... for the State.
Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 147/148/149/ 323/324/325/ 326/307/427/379/302 of the Indian Penal Code read with Sections 25/27 of the Arms Act and 9B of the Indian Explosive Act which was registered vide Keshpur P.S. Case No.228 of 2012.
It is submitted that the petitioners are in custody for four months. Although investigation is over and the charge sheet has been submitted but till date, there is no further progress in the case. It is also submitted that out of 45 charge-sheeted accused persons, 14 are in custody while the rest are still absconding. It is then contended that out of political rivalry, the petitioners have been falsely implicated in this case.
Learned Counsel for the State vehemently opposed the prayer for bail and submitted that while the members of the ruling political party were holding a meeting, about 100/150 members of the rival political party attacked them with bows, arrows, lathi, tangi etc. and also hurled bombs and in the incident one Gopal Murmu died. He also draws our attention to the statement of the witnesses at pages 7, 8, 9, 10, 11, 12, 13, 14,15,16, 25 and 27 and the statement of the injured witnesses at pages 30, 31, 32, 33, 34 and 36 of the case diary.
We have very carefully gone through the same and having regard to the degree of involvement transpires therefrom as agents the present petitioners, 2 while we allow the prayer for bail of the petitioner nos. 1, 2, 3, 4, 6, 7, 8, 9,10 and 11, the same in respect of petitioner nos. 5, 12 and 13 stands rejected.
Let the petitioner nos. 1, 2, 3, 4, 6, 7, 8, 9,10 and 11 be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur, upon furnishing a Bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each, one of whom must be local and on further condition that after release, they shall not enter within the jurisdiction of Paschim Medinipur and Purba Medinipur except for the purpose of attending the court proceedings and shall also meet the Officer-in-Charge of the concerned police station, where they shall reside after release, once in every week until further order. They shall not also tamper with the prosecution case or commit any offence, while on bail.
The application for bail is, thus, disposed of.
( Ashim Kumar Roy, J.) ( Subal Baidya, J. )