Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Rafikul Islam on 17 January, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 17 17.01.2017
SK Court No.26 CRM 363 of 2017 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 12.01.2017 in connection with Harishchandrapur Police Station Case No. 425 of 2015 dated 17.05.2015 under Sections 498A/326A/307/34 of the Indian Penal Code.
And
In Re: Rafikul Islam Petitioner.
Mr. Abdur Rakib ......For the Petitioner.
Mrs. Rita Dutta ... For the State.
Leave is granted to correct the cause title. Seen the office report dated 16.01.2017. It appears that out of 2 charge-sheeted accused, the petitioner is in custody and another is still absconding and warrant of arrest has been issued against him on September 10, 2015. We do not find any indication in the report what further steps have been taken by the court below for apprehension of the absconding accused.
Be that as it may, we direct the learned Additional Chief Judicial Magistrate, Chanchal, Malda, D.I.G., Malda Range and S.P., Malda to immediately take steps for apprehension of absconding accused in a case of this nature and we hope that they will succeed to get the absconding accused in the custody 2 within a month.
Heard the learned counsel appearing on behalf of the parties. Perused the Case Diary.
Now, coming to the case of the petitioner, we find that this is a case for an offence punishable under Section 326A IPC. The acid attack victim is the wife, a minor girl and the acid was poured in her eyes and due to that she lost her complete vision. Besides that there are also allegations of torturing. Earlier, a Co- ordinate Bench of this court rejected the petitioner's prayer for bail on merit.
Considering the nature of the allegations and the gravity of the offence, we are of the opinion that this is not at all a fit case for grant of bail and accordingly the application is rejected.
Let this matter be listed before us 4 weeks after, when a report must be submitted by the court below as also by the police as regards to the question of execution of warrant of arrest.
The learned Registrar General of this court is directed to communicate this order to the court below through the learned District Judge, Malda as also to the D.I.G., Malda Range and S.P, Malda for compliance.
3(Ashim Kumar Roy, J.) (Debi Prosad Dey, J.)