Calcutta High Court (Appellete Side)
Amjad Ansari & Ors vs Unknown on 22 August, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 620 of 2013 22.08.2013
Court No.29 In re CRAN 2315 of 2013: An application for bail under Section 389 of Item No. 102 the Code of Criminal Procedure.
(granted) And In the matter of: Amjad Ansari & Ors.
.....Petitioners Mr. Tapas Kumar Ghosh, Advocate Mr. Tanmoy Chowdhury, Advocate Ms. Somsubhra Ganguly, Advocate .... For the Petitioners Ms. Faria Hossain, Advocate .... For the State This is a case where the present petitioners have been convicted for commission of offence punishable under Sections 304/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six years and to pay fine with default clause.
While canvassing the prayer for bail, the learned lawyer of the petitioners submit that this is a case where the alleged offence took place at the spur of the moment and it is a case of term imprisonment. In support of his contention, the learned lawyer of the petitioner cited before me a decision as reported in 1999 Cr.L.R. (Cal) 247 (Bhagwan Rama Shinde Gosai Vs. State of Gujarat) and as such submitted that the petitioners may be favoured with an order of bail.
The learned lawyer of the State strongly resisted the prayer for bail and drew my attention to the copy of the judgment and the 164 statement of the witnesses referred in the judgment.
I have duly examined the materials-on-record and 164 statement of the witnesses. The accused Amjad appears ex facie to be a juvenile as disclosed in the FIR. But other two accused appears to be not juvenile rather they are major. The incident originated out of an altercation between two boys aged about 13/14 years over sn snatching of Rs.30/- from one by the other and thereafter, the elderly members of one of the boys came and joined the issue. However, since the case is of 2013 it is not sure when the appeal could be taken up and further since this is a case of term imprisonment over an incident which appears to have occurred on the spur of the moment, I release the present petitioners on bail to the extent of Rs.20,000/- each, with two sureties of Rs.10,000/-, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Asansol on condition that the petitioners shall not leave the jurisdiction of the concerned police station and shall not commit offence while on bail.
The application being CRAN 2315 of 2013 accordingly stands disposed of.
Urgent Xerox Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Toufique Uddin, J)