Calcutta High Court (Appellete Side)
In Re:- Saddam Hossain vs Re: An Application For Bail Under ... on 4 August, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 43 4.8.2016
C.R.M. No. 6155 of 2016 p.d.
In re:- Saddam Hossain .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 28.6.2016 in connection with Harishchandrapur Police Station Case No.292/2015 dated 23.5.2015 under Sections 363/366A/376 of Indian Penal Code read with Section 4 / 8 Protection of Children from Sexual Offences Act.
Mrs. Sujata Das ... For the petitioner.
Mrs. Suman Sehanabis ... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
It is true that the petitioner's prayer for bail was rejected thrice and lastly on June 2, 2016 but after the last rejection, there is no change in circumstances. No charge has yet been framed. However, the petitioner is in custody for 429 days.
Now, considering the above fact together with the other materials, as we find from the case diary, 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 be local, to the satisfaction of the learned Judge, Special Court, under the Protection of Children from Sexual Offences Act, 2012, being the learned Additional District & Sessions Judge, 2nd Court, Malda subject to the condition that after release, the petitioner shall not enter within the jurisdiction of Harishchandrapur Police Station, except for the purpose of attending the court's proceedings, if any and he shall report to the officer-in-charge of the concerned Police Station, 2 where he shall reside after his release, thrice in every week, until further orders.
It is also directed that before release, the petitioner shall inform both to the court below as well as to the investigating officer of the case, where he shall reside after his release.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)