Calcutta High Court (Appellete Side)
Sk.Madhu @ Ahmed Hossain @ Md. Madhu & Ors vs The State Of West Bengal on 5 July, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta 5.7.2013
Criminal Miscellaneous Jurisdiction kc 10 Appellate Side . CRM No.9503 of 2013 Sk.Madhu @ Ahmed Hossain @ Md. Madhu & Ors.
Vs.
The State of West Bengal
Mr. Deep Chaim Kabir .....for the petitioners
Mr. Kallol Mondal ..for the State.
The three petitioners accused of offences under ss.307/34 IPC and ss.25/27 Arms Act and in custody from October 28, 2012 are seeking bail under s.439 CrPC.
The charge-sheet has been submitted. One Md. Sabir, said to be the principal accused, was granted bail by this court on June 5, 2013 (in CRM No.7704 of 2013: p.14). It was mentioned that on the facts the case could not be treated as one for custodial trial. The petitioners' bail prayer was rejected by this court on May 14, 2013 (in CRM No.6908 of 2013: p.9). Bail was granted to one Sirajul, a co-accused.
Mr. Kabir apppearing for the petitioners has submitted that the petitioners stand on a better footing.
Mr. Mondal appearing for the State has produced the case diary and has submitted that all the accused were identified by the victim. In the order dated Jun 5, 2013 it was mentioned that for reasons known to him the defacto-complainant approached the court below with a request to permit him to withdraw the case. This was one of the reasons why this court granted Md. Sabir bail.
2On these facts, we are of the view that it is not a case for custodial trial in so far as the petitioners are concerned. In our opinion, they should be granted bail on appropriate conditions. It is not necessary for us to make any comment on the submission that Md. Sabir has entered Kolkata in violation of the bail conditions and committed fresh offences.
For these reasons, we allow the CRM and direct that the petitioners shall be released on bail on a `50,000 bond (for each) with two sureties (for each) of `25,000 each (one local surety) - all to the satisfaction of ACJM, Sealdah; and that if released, they shall not enter Kolkata, South 24- Parganas, North 24-Parganas and Howrah, except for attending court proceedings in which they shall remain present on every occasion, and shall report everyday to the officer in charge of the police station of their place of stay information whereof they shall give to the officer in charge of Topsia police station before their release. Certified xerox.
(Jayanta Kumar Biswas,J.) (Subal Baidya,J) 3