Calcutta High Court (Appellete Side)
In Re:- Kamal Jain @ Kamal Kumar Jain vs Re: An Application For Bail Under ... on 17 January, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 33 17.1.2017
p.d. C.R.M. No. 442 of 2017 In re:- Kamal Jain @ Kamal Kumar Jain ... Petitioner.
-And-
Re: An Application for bail under Section 439 Cr.P.C. affirmed on 10.1.2017 in connection with Howrah Police Station Case No.118 dated 20.2.2016 under Sections 498A/304B/34 of the Indian Penal Code.
Mr. Debasish Roy, Mr.Sandipan Ganguly, Ms. Sreyashee Biswas, Mr. Arkadeb Bhattacharya ... For the petitioner.
Ms. Rita Dutta .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the Case Diary.
The petitioner is the husband, who is in custody for 332 days and out of five chargesheeted accused, four are on bail.
It is true that earlier twice the petitioner's prayer for bail was rejected on merit and once the petitioner's prayer for bail was rejected, as the same was not pressed.
However, having regard to the nature of the allegations and considering the petitioner's length of detention in custody and since the four other co-accused are on bail and when no case is made out from the side of the State showing that further custodial detention of the petitioner is necessary even after submission of the charge sheet, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must 2 be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah subject to the condition that after release, the petitioner shall report to the Officer-in-Charge of the concerned Police Station, where he shall reside after release, once in every week, until further orders.
It is further directed that after being released on bail, the petitioner shall attend the trial court on each and every date so fixed by such court.
We make it clear that if the petitioner fails to make himself available before the trial court on any day without any sufficient reason and due to the reason beyond his control, the learned trial court shall have the liberty to cancel the bail granted to the petitioner and take him into custody without any further reference to this Court.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Debi Prosad Dey, J.)