Calcutta High Court (Appellete Side)
Bachhu Das vs Unknown on 27 December, 2016
1 27.12.2016
CRM 10841 of 2016 (Vacation Bench) In Re:- An application for bail under section 439 of the Code of Court No.8 Item No. 08 Criminal Procedure filed on 23.12.2016 in connection with Kalyani snandy/akd P.S. Case No. 34 of 2006 dated 07.02.2006 (G.R. Case No. 97 of (REJECTED) 2006) for committing offence punishable under Sections 341/326/307/ 302/34 of the Indian Penal Code, Sections 25(1)(a)/27 of the Arms Act and Sections 3/ 4 & 9B of the Explosive Substances Act.
And In the matter of : Bachhu Das ......Petitioner Mr. Debayan Sinha, Advocate ....For the Petitioner Mr. Manjit Singh, Learned Public Prosecutor Mr. Kalyan Kumar Bhattacharya, Advocate .......For the State The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 341/326/307/302/34 of the Indian Penal Code, Sections 25(1)(a)/27 of the Arms Act and Sections 3/4 & 9B of the Explosive Substances Act.
Heard the respective counsel for the parties. Perused the case diary.
It is submitted on behalf of the petitioner that the petitioner is languishing in jail for more than 1000 days.
The learned Public Prosecutor vehemently opposed the bail application. It is submitted that the petitoner was absconding for nearly seven years and was arrested in the year 2013. The co- accused has been convicted and an appeal against the order of conviction is preferred.
The petitioner says that the co-accused has been granted bail by the appellate court and, therefore, being a similarly circumstanced person, he should also be granted bail.
Bearing in mind that the petitioner was absconding for more than seven years and the trial commenced against the co-accused in his absence as well as materials available on record and the extent of complicity of the petitioner in the instant case and also based on other evidences available on record, we do not find that it is a fit case 2 where the petitioner should be granted bail.
The application for bail thus stands rejected.
(Amitabha Chatterjee, J) (Harish Tandon, J)