Calcutta High Court (Appellete Side)
Indian Panel Code Read With Sections ... vs In Re : Sk. Sher Ali on 30 August, 2017
Author: Amitabha Chatterjee
Bench: Amitabha Chatterjee
1 15 30.8.2017
srm CRM No. 8163 of 2017 Re : An application for bail under Section 439 of the Code of Criminal Procedure affirmed on 02.08.2017 in connection with Khayrasole P.S. Case No.01 of 2017 dated 03.01.2017 under Sections 326/307/120B of the Indian Panel Code read with Sections 25/27 of the Arms Act.
And
In Re : Sk. Sher Ali ...Petitioner.
Ms. Sreyashee Biswas,
Mr. Surajit Basu ..for the Petitioner
Mr. Asif Ahmed Siddiqui ..for the State
Heard the learned Counsel appearing for the respective parties and perused the case diary.
The petitioner is in custody for 111 days. Charge sheet has already been submitted after completion of the investigation.
It is submitted by the learned Advocate appearing on behalf of the petitioner that F.I.R. was lodged in this case 18 days after happening of the alleged incident. The F.I.R. was registered against unknown persons.
The learned Counsel for the State submits that a Pulsar motorcycle has been recovered from the possession of the petitioner. 2 Upon perusal of the materials on case diary, we find that the above motorcycle did not bear any registration number. The identity of the owner of the above motorcycle has not been fixed. Upon further perusal of the materials on record including the statements made by three witnesses which are at pages 148, 149 and 150 of the cause diary as also taking into consideration that two other co‐accused persons have been enlarged on bail, we are inclined to grant bail to the petitioner.
Accordingly, we allow the petitioner's prayer for bail. The petitioner be released on bail upon furnishing a bond of Rs.10,000/‐ with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Birbhum on condition that after release, the petitioner shall not enter within the jurisdiction of the Dubrajpur Police Station, save and except, attending the Court's proceeding in connection with trial under reference until further orders. The petitioner shall be released after furnishing his residential address before the learned Chief Judicial Magistrate, Birbhum as also to the Officer‐in‐Charge, Dubrajpur Police Station. The application for bail accordingly stands disposed of. (Debasish Kar Gupta, J.) (Amitabha Chatterjee, J.) 3