Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Gangaram Sabar - on 7 May, 2012
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 38. 07-05-12
CRM No. 7414 of 2012 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 30.04.2012 in connection with Nagrakata P.S. Case No. 23/2009 dated 05.2.2009 under Sections 147/148/149/436/427/332/333 353/186/307/506/379 of the Indian Penal Code.
And
In Re : Gangaram Sabar - petitioner
Mrs. Ranjana Talapatra ...for the petitioner
Mr. Somopriyo Chowdhury ... for the State
Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 147/148/149/436/427/332/333/353/186/307/506/379 of the Indian Penal Code which was registered vide Nagrakata P.S. Case No. 23/2009.
It is submitted that the petitioner is in custody for 84 days. Investigation is over and charge-sheet has been submitted. It is further submitted that 13 co-accuseds have been granted anticipatory bail by this court.
On the other hand, the learned Counsel for the State submitted that while one Division Bench of this Court granted anticipatory bail to 13 co-accused persons, but at the same time another Division Bench of this High Court rejected the prayer for anticipatory bail of some other co-accused persons. He contended that this is a very serious case where after some accuseds were apprehended by the police in connection with some specific case, the present petitioner being accompanied by the others attacked the police station and the premises where the police station was situated was burnt out and huge damage was caused to the public properties. He further submitted that the petitioner is not standing on the same footing with the co-accuseds whose prayer for anticipatory bail was rejected by this court and not with those whose anticipatory bail was allowed.
2We have gone through the case diary and having regard to the nature and seriousness of the allegations and gravity of the offence that this is a case where an unruly mob attacked the police station with an attempt to snatch away some accused persons from the police custody and while doing so the police station was burnt to ashes. This is not a fit case for bail, accordingly prayer for bail is rejected.
The learned Magistrate is directed to at once commit the case to the court of Sessions and if it is found that some of the accused persons are still absconding, the case of the accused persons who are before the court is to be split up from the case of these absconding accused persons and the case be committed to the court of Sessions following the provision of Section 299 of Code of Criminal Procedure.
We make it clear it would be open to the court if it is found that during the date fixed for supply of the copy or the date for committing the case to the court of Sessions or any day during the trial, if anyone of the accused persons is absent in court, then in that case it will be open to the court to cancel their bail and take them into custody without any further reference to this court although they may be enlarged on bail by us.
(Ashim Kumar Roy, J.) (Toufique Uddin, J.)