Calcutta High Court (Appellete Side)
In Re:- Pratap Dolai @ Putai @ Pratap ... vs Re: An Application For Bail Under ... on 28 June, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 52 28.6.2016
C.R.M. No. 4923 of 2016 p.d.
In re:- Pratap Dolai @ Putai @ Pratap Dalui .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 23.6.2016 in connection with Kolaghat Police Station Case No.162/14 dated 24.4.2014 under Sections 326/307 of the Indian Penal Code and adding Section 326A of the Indian Penal Code.
Mr. Suman De ... For the petitioner.
Mrs. Puspita Saha .... For the State.
Heard the learned Advocates appearing on behalf of the parties.
The petitioner is in custody for 123 days. Investigation is over and charge sheet has been submitted and out of two- chargesheeted co-accused, one is on bail.
The claim of the learned Counsel for the petitioner that the present petitioner is standing on the same footing with the co- accused, who is on bail, has not been disputed by the learned Counsel for the State.
We have gone through the case diary and find no valid reason to take a different stand.
Accordingly, we allow his prayer for bail on parity. Let the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk and on further condition that the petitioner shall not enter within the jurisdiction of the Kolaghat 2 Police Station till conclusion of the trial. He shall, however, report to the officer-in-charge of the Kolaghat Police Station of his whereabout once every week. Restriction of his entry within the jurisdiction of the Kolaghat Police Station shall be subject to his reporting to the officer- in-charge of the Kolaghat Police Station as also for attending the Court proceeding on the dates fixed for trial. The petitioner shall also attend the Court proceeding on each and every day of the trial. In the event there is any default of any of these conditions, the Trial Court shall be at liberty to cancel the bail of the petitioner without any further reference to this Court.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)