Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Subhahan Gazi @ Chhuban Gazi @ ... on 22 August, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 13 22.08.2017
SK Court No.26 CRM 7835 of 2017 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 08.08.2017 in connection with Swarup Nagar Police Station Case No. 364/17 dated 08.05.2017 under Sections 147/148/149/448/325/326/307/302/354B/506 of the Indian Penal Code.
And In Re: Subhahan Gazi @ Chhuban Gazi @ Chuban Gazi Petitioner. Mr. Tirthankar Ghosh, Mr. Satadru Lahiri ......For the Petitioner.
Mr. Neugive Ahmed, APP,
Mrs. Zarin N. Khan ... For the State.
Mr. Soumyajit Das Mahapatra ... For the de facto complainant.
Heard the learned counsel appearing on behalf of the parties. Perused the Case Diary.
The petitioner is in custody for 101 days. Investigation is over and charge-sheet has been submitted.
Going through the case diary, we find that the genesis of the case is this that over a land dispute two groups of villagers entered into free fighting, while from the side of the complainant one person was killed and many sustained injuries. At the same time, from the side of the accused persons 4-5 persons also sustained injuries and the nature of injuries, as we find from the annexures to this application are grievous in nature. 2 Now, having regard to the source of the incident, that is in fighting between the two groups of villagers over the land dispute and the other materials as above and when no apprehension has been disclosed from the side of the State that if the petitioner is released on bail, he is likely to abscond or his further custodial detention is necessary even after submission of charge-sheet, the prayer for bail is allowed.
Let the petitioner be released on bail upon furnishing 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 Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas and on further condition that after release the petitioner shall not enter within the jurisdiction of Swarup Nagar Police Station, except for the purpose of attending the court's proceedings and before his release he shall furnish his address to the investigating officer of the case that after release where he shall stay and shall meet the Officer-in-Charge of that police station, thrice in every week, until further orders.
The instant application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Ashis Kumar Chakraborty, J.) 3