Calcutta High Court (Appellete Side)
Jahirul Sk. @ Sekh Jahirul vs Unknown on 25 July, 2022
25.07.2022.
27. Ct.No.28.
as (Allowed) C.R.M. (DB) 2429 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar P. S. Case No.171 of 2021 dated 10.02.2021 under Sections 341/323/307/376/511/379/34 of the Indian Penal Code and charge sheet submitted under Sections 341/323/376/511/379/34 of the Indian Penal Code. In the matter of : Jahirul Sk. @ Sekh Jahirul.
.... Petitioner.
Ms. Minoti Gomes, Mr. Musharraf Alam Sk, Ms. Susmita Ghorai.
...for the Petitioner.
Mr. S. S. Imam, Mr. R. Jana.
...for the State.
Heard the learned Counsels appearing on behalf of the parties.
Petitioner is in custody for about 77 days. It is submitted he has been falsely implicated in the instant case.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. Balancing the nature of accustion with the period of detention suffered by the petitioner, we are of the opinion further detention of the petitioner is not necessary and he may be granted bail.
Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of 2 the learned Chief Judicial Magistrate, Malda subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
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.
This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)