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Calcutta High Court (Appellete Side)

Sikander Sk. @ Sonu vs Unknown on 11 February, 2011

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

94 11. 02.2011 C.R.M. 205 of 2011 Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 7th January, 2011 in connection with Shibpur P.S. Case No. 280/10 dated 24.04.10 under Section 394/302/201/120B/411 of the Indian Penal Code.

And In the matter of : Sikander Sk. @ Sonu.

.... Petitioner (in Jail).

Mr. Asit Nayek.

....For the Petitioner.

Mr. R. K. Ghosal.

....For the State.

Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing on behalf of the State. Perused the case diary.

This is an application for bail in connection with a case relating to offence punishable under Section 394/302/201/120B/411 of the Indian Penal Code.

It is the case of the prosecution that the present petitioners along with others hijacked a car and killed the driver and, thereafter, the car was disposed of.

Now having gone through the case diary we find the petitioner's involvement in the commission of the alleged crime has been transpired. Furthermore, the question of considering the petitioner's prayer for bail on parity with the other two co-accused does not arise since they have released on bail on the ground that the charge sheet was not submitted within the statutory period.

In view of above and considering the nature of offence, we are not inclined to allow the petitioners prayer for bail. The application for bail is accordingly stands rejected.

(ASHIM KUMAR ROY, J.) (MRINAL KANTI SINHA, J.)