Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Md. Asif Ali on 7 May, 2014
Author: Shib Sadhan Sadhu
Bench: Shib Sadhan Sadhu
1 Cl. May 7, C.R.M. 4958 of 2014
27. 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on April 7, 2014 in connection with Hare Street Police Station Case No. 782 of 2013 dated November 7, 2013 under Section 302 of the Indian Penal Code;
And In the matter of : Md. Asif Ali ...petitioner.
Versus State of West Bengal ...opposite party.
Mr. Sekhar Basu, Mr. Shouvik Mitter, ...for the petitioner.
Mr. Manjit Singh, Mr. Pradipta Ganguly, ...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Sessions Case No. 14 of 2014 arising out of Hare Street Police Station Case No. 782 of 2013 dated November 7, 2013 relating to an offence punishable under Section 302 of the Indian Penal Code.
We have heard the learned advocates appearing for the parties and perused the case diary.
It is submitted on behalf of the petitioner that the petitioner is in custody for one hundred eighty (180) days and that further detention of the petitioner is not necessary.
2Having considered the materials in the case diary, particularly, in view of the fact that investigation in the instant case is complete and bearing in mind the divergent statements of the witnesses recorded under Section 164 of the Code of Criminal Procedure with regard to the alleged assault of the victim, we are of the view that further detention of the petitioner is not necessary and he may be released on bail.
Accordingly, the petitioner, namely, Md. Asif Ali, shall be released on bail to the satisfaction of the learned Chief Metropolitan Magistrate at Kolkata, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with two sureties of like amount - one of whom must be local, subject to the condition that the petitioner shall attend the trial court on each and every date of hearing unless prevented by sufficient cause and that he shall meet the officer in- charge of Hare Street police station once in a week till completion of the trial. dns The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. ) ( Shib Sadhan Sadhu, J. )