Calcutta High Court (Appellete Side)
In Re:- Mainul Mondal Alias Maidul ... vs Re: An Application For Bail Under ... on 18 May, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 36 18.5.2016
p.d. C.R.M. No. 3664 of 2016 In re:- Mainul Mondal alias Maidul Mondal alias Mainul Islam ... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 4.5.2016 in connection with Jalangi Police Station Case No.1233/2015 dated 16.11.2015 under Section 325/326/307/34 of the Indian Penal Code and section 25/27 Arms Act.
Ms. Sreyashee Biswas, Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha ... For the petitioner. Mr. Arun Kumar Maity, A.P.P., Mr. Anjan Kr. Dutta .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the Case Diary.
The learned Counsel for the petitioner submits that her client is in custody for 184 days and already investigation is over and charge sheet has been submitted. She further submits that except this petitioner, the three other chargesheeted accused persons are still absconding. She then contends that the victim survived for two days and insisted us to see whether any dying declaration or his statement was recorded by the police or not.
On the other hand, the learned Additional Public Prosecutor Mr. Arun Kumar Maity submits that the patient was unconscious and therefore, his statement could not be recorded.
2However, going through the case diary, more particularly through the medical papers, we find that after the incident, the victim on the self-same day, i.e. on November 16, 2015, was removed to the Hospital and on being asked by his attending Doctor, he disclosed that he was shot from a very close range by some unknown persons.
Having regard to above and considering the petitioner's length of detention in custody and when no case is made out from the side of the State that if the petitioner is released on bail, he is likely to abscond, we allow the petitioner's prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad subject to the condition that after release, the petitioner shall not enter within the jurisdiction of Domkal sub-Division, except for the purpose of attending the court's proceedings and he shall also report to the officer-in-charge of the concerned police station, where he shall reside after release, thrice in every week, until further orders.
3The application for bail is, thus disposed of.
(Ashim Kumar Roy, J.) ( C. S. Karnan, J.)