Calcutta High Court (Appellete Side)
Kased Ali Molla @ Kashed Ali Molla & Ors vs The State Of West Bengal on 28 June, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta 6-2013 Criminal Miscellaneous Jurisdiction b-9 Appellate Side . C.R.M. No.9043 of 2013 Kased Ali Molla @ Kashed Ali Molla & Ors.
-vs-
The State of West Bengal
Mr. Milan Mukherjee
Mr. Biswajit Manna ...for the petitioners
Mr. Sekhar Barman ... for the State
Mr. S. Ray Chowdhury
Mr. Ayanabha Raha ...for the defacto complainant
The three petitioners accused of offences under ss.143/341/325/307/379/506 IPC and in custody from June 7, 2013 (the first and second petitioners) and June 6, 2013 (the third petitioner) are seeking bail under s.439 CrPC.
We have heard advocates for the petitioners, the State and the defacto complainant and have perused the case diary produced before us. It has been submitted that the case is the outcome of political rivalry in the locality. Our attention has been drawn especially to the injury reports. Our attention has also been drawn to the time of lodging the FIR, time of the incident and the time at which the injured allegedly received treatment. The bail prayer has been opposed saying that the petitioners are influential persons of the locality.
After examining the materials, especially the injury reports and the nature of the allegations made in the FIR, we are of the view that it will be appropriate to grant the petitioners bail.
For these reasons, we allow the CRM and direct that the petitioners shall be released on bail on a `10,000 bond (for each) with two sureties (for each) of `5,000 each - all to the satisfaction of ACJM, Basirhat; and that if released, they shall report to the investigating officer once in a week during the period of investigation. Certified xerox.
(Jayanta Kumar Biswas, J) 2 (Subal Baidya, J)