Calcutta High Court (Appellete Side)
Bijay Sha vs The State Of West Bengal on 25 June, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta 25-06-2013
Criminal Miscellaneous Jurisdiction kc 25 Appellate Side . CRM No.8915 of 2013 Bijay Sha Vs. The State of West Bengal Mr. Sandip Chakraborty Mr. Ashok Das .....for the petitioner Mr. S. Banerjee .. for the State.
The petitioner accused of offences under ss.411/413/414 IPC and in custody from March 31, 2013 is seeking bail under s.439 CrPC.
Advocate for the petitioner has submitted that the petitioner stands on the same footing as the co-accused granted bail by this court.
Correctness of this submission is not disputed by advocate for the State. The court below has rejected the bail prayer on June 10, 2013 on the grounds that the petitioner was a party to an organized racket. The question whether the petitioner was similarly circumstanced with the co-accused on bail was not examined. Since the petitioner is similarly circumstanced, we think it will be appropriate to grant him bail.
For these reasons, we allow the CRM and direct that the petitioner shall be released on bail on a `60,000 bond with two sureties (one local) of `30,000 each - all to the satisfaction of CJM, Jalpaiguri; and that if released, he shall not leave the jurisdiction of Bhaktinagar P.S. and shall report to the investigating officer three times in a week. Certified xerox.
(Jayanta Kumar Biswas,J.) 2 (Subal Baidya,J.)