Calcutta High Court (Appellete Side)
Hannan Mollah vs Unknown on 16 March, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
38 16.03.2011 C.R.M. 1438 of 2011
Sd
Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15th February, 2011 in connection with
Sonarpur G.R.P.S. Case No. 13/09 dated 17.08.2009 under
Section 302/34 of the Indian Penal Code and Section 25/27 of the
Arms Act.
And
In the matter of : Hannan Mollah.
.... Petitioner (in Jail).
Mr. Kanai Lal Dutta.
....For the Petitioner.
Mr. R. K. Ahmed.
....For the State.
Heard learned counsel for the petitioner as well as the
learned counsel appearing on behalf of the State. Perused the case
diary.
It is submitted by the learned counsel of the petitioner that
three other co-accused persons viz. Kasem Sk. alias Kasim, Mukta
Mollah, as well as Alauddin Mollah, who are standing on the self-same
footing has been granted bail by this Court and the present petitioner
is in custody for about 93 days.
The learned counsel appearing on behalf of the State has not
disputed the fact that the present petitioner is similarly placed with
the other co-accused, who have already been enlarged on bail by this
Court. Accordingly, we are of the view that the petitioner's prayer for
bail may be considered favourably.
The applicant/accused be released on bail on furnishing P.R.
Bond of Rs. 10,000/- with one surety of like amount on condition that
after his release, the petitioner shall meet the Investigating Officer of
the case twice in every week on Monday and Wednesday between 5-00
p.m. to 7-00 p.m. till the conclusion of the trial. The petitioner shall
not commit any offence and shall not tamper with the prosecution
case while on bail.
The application for bail accordingly stands disposed of.
(J. N. PATEL, CHIEF JUSTICE)
(ASHIM KUMAR ROY, J.)