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[Cites 10, Cited by 1]

Calcutta High Court (Appellete Side)

Arms Act And S.C. & S.T. Poa Act ... vs In Re : Santanu Ghosh & 4 Ors on 8 May, 2013

Author: Toufique Uddin

Bench: Toufique Uddin

                                               1


  (16)
08.05.2013

(p.j.) CRM No. 6677 of 2013 In re : An application for bail under section 439 of the Code of Criminal Procedure filed on 7.5.2013 in connection with Binpur Police Station Case No. 20 of 2013 dated 8.3.2013 under sections 147/148/149/447/294/323/354/506/34 of the Indian Penal Code and 25/27 Arms Act and S.C. & S.T. POA Act 3(i)(ii)(vii)(x)(xi).

-And-

                   In re : Santanu Ghosh & 4 ors.                ... Petitioners



                   Mr. Himangshu De
                   Mr. Subhas Jana                               ... for the petitioners

                   Mr. Jayanta Banerjee
                   Mrs. Ruxmini Basu Roy                         ... for the State


This is a case where the present petitioners have been charged for commission of offence under sections 147/148/149/447/294/323/354/506/34 of the Indian Penal Code and 25/27 Arms Act and S.C. & S.T. POA Act 3(i)(ii)(vii)(x)(xi).

While canvassing the prayer for bail, it was contended by the learned Counsel for the petitioners that the present case is a product of political rivalry and he further submitted that there is also another case in respect of same accused and same allegation. So, at any condition he prayed for bail in respect of the present petitioners.

2

Learned Counsel for the State on the other hand resisted the prayer for bail and contended that charge-sheet has not yet been submitted.

However, considering the submission of both sides and the fact of detention of 35 days so far, I release the present petitioners on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhargram, Paschim Medinipur, to the extent of Rs. 10,000/- each with two sureties of Rs. 5,000/- each, on condition that the petitioners shall not leave the jurisdiction of the concerned P.S. until further orders and shall meet the I/O of this case one a week till the submission of charge- sheet or until further orders whichever is earlier.

The application for bail is thus disposed of.

(Toufique Uddin, J.)