Calcutta High Court (Appellete Side)
Under Sections 399/402 Of The Indian ... vs In Re: Mantu Maity on 8 January, 2018
1 08.01.18
Sl. No.6 akd [ALLOWED] C. R. M. 30 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.01.2018 in connection with Ballygunge GRPS Case No. 3 of 2017 dated 04.01.2017 under Sections 399/402 of the Indian Penal Code. [G.R. Case No.8 (1) of 2017] And In Re: Mantu Maity ... ... Petitioner Mr. Siddhartha Sarkar .. Advocate Mr. Akash Ghosh .. Advocate Mr. Sourav Guha .. Advocate ... ... for the petitioner Mr. Pradipto Ganguly .. Advocate ... ... for the State The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 399/402 of the Indian Penal Code.
It is submitted on behalf of the petitioner that he is in custody for about 58 days and that he was on bail in connection with the instant case but was unable to appear as he was arrested in another case. Subsequently, he has again been produced from custody before the court below.
Learned Counsel for the State opposes the prayer for bail and submits that the petitioner has criminal antecedents and is implicated in a number of cases.
In reply, learned advocate for the petitioner submits that he has been bailed out in the said cases.
We have considered the materials on record. We find that the petitioner was already on bail in the instant case and did not misuse his liberty in any manner. He was 2 unable to appear before the trial court as he had been apprehended in another case. We have also examined the nature of cases in which the petitioner has been implicated. In view of the aforesaid facts, we are of the opinion that further detention of the accused/petitioner is not necessary and he may be enlarged on bail, however, subject to strict conditions.
Therefore, the accused/petitioner, namely Mantu Maity, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah, South 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and on further condition that he shall not leave the jurisdiction of Basanti Police Station, save and except, for attending court proceeding and/or the police station and shall meet the Officer-in-charge, Ballygunge GRPS once in a week until further orders and shall not intimidate witnesses nor tamper with evidence in any manner whatsoever.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)