Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re:- Mosarif Sk. & Ors on 8 March, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
2016 CRM No.12182 of 2015 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 18.12.2015 in connection with Kaliganj Police Station Case No.317 of 2015 dated 17.08.2015 under sections 392/395 of the Indian Penal Code and sections 25/27 of the Arms Act.
And
In Re:- Mosarif Sk. & Ors. .. .. Petitioners
Mr.Prabir Majumder
Mr.Sujoy Sarkar.... for the petitioners
Mr.N.Ahmed .. for the State
Heard the learned advocates appearing on behalf of the parties. Perused the case diary.
The learned counsel appearing for the petitioner submitted that his clients are in custody for about 201 days and charge-sheet has been submitted long back, but till date, the trial has not been commenced.
He further submitted that the petitioner nos.2 and 3 were not placed in TI Parade, although the police had sufficient opportunity to do the same. He further added that no stolen articles were recovered from their possession.
The learned counsel appearing for the State has not disputed such position that the petitioner nos.2 and 3 were not placed in TI Parade, while the petitioner no.1 was. He also added that from the possession of the petitioner nos.2 and e two country-made pipe-guns were recovered.
Having regard to the nature of allegations and the materials collected during investigation and when no TI Parade was held so far as the petitioner nos.2 and 3 even during their custody for long 201 days and there was no recovery of stolen articles from their possession, we allow the prayer for bail of the petitioner nos.2 and 3 (Santosh Sk.) and (Samad Sk), but the same in respect of the petitioner no.1 stands rejected at this stage.
Let the petitioner nos.2 and 3 (Santosh Sk.) and (Samad Sk) be released on bail to the satisfaction of the Chief Judicial Magistrate, Nadia upon furnishing a Bond of Rs.20,000/- each with two sureties of Rs.10,000/- each, one of whom must be local and on further condition that after their release, they shall report to the Investigating Officer thrice in a week until further order.
It is directed that the trial be expedited.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)