Calcutta High Court (Appellete Side)
Asraful Sk vs Unknown on 4 December, 2017
1 04.12.2017
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102. as (Allowed) C.R.M. 12068 of 2017 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.11.2017 in connection with Sankrail P.S. Case No.1033 of 2016 dated 14.12.2016 under Sections 147/148/149/186/295A/332/333/353/427/435/436/153A/379 /506/307 of the Indian Penal Code and Section 3 / 4 of the Explosive Substances Act and Section 25(b)/27 of the Arms Act. In the matter of : Asraful Sk.
... Petitioner.
Mr. Asit Nayak. ...For the Petitioner. Mrs. Zareen N. Khan, Mr. Mirza Firoj Ahmed Begg. .....For the State.
Heard the learned Counsel appearing on behalf of the parties. It is submitted on behalf of the petitioner that he is in custody for more than 11 months and it is further submitted that the co-accused persons viz., Sariful Sk. @ Saiful Sk. standing on the same footing has been enlarged on bail by this Court.
Learned Advocate appearing for the State opposes the prayer for bail.
We have considered the materials on record and in view of the fact that the petitioner stands on the same footing as Sariful Sk. @ Saiful Sk. who has been enlarged on bail by this Court earlier.
2In view of the aforesaid facts, we are inclined to extent the same privilege to the petitioner also.
Accordingly, the petitioner, namely, Asraful Sk. shall 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, Howrah on condition that the petitioner shall not enter the jurisdiction of Sankrail Police Station without express permission of the Court and they shall provide the address where he will presently reside to the investigating officer as well as the trial court. He shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit similar offences in future and he shall appear before the trial court on every date of the hearing and in the event he fails to do so, his bail shall stand automatically cancelled without further reference to this Court.
In the event, the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application, being C.R.M.12068 of 2017, is disposed of. (Rajarshi Bharadwaj,J.) (Joymalya Bagchi, J.) 3