Calcutta High Court (Appellete Side)
In Re:- Kulsum Bibi & Anr vs Re: An Application For Bail Under ... on 18 July, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 37 18.7.2017
C.R.M. No.6592 of 2017 p.d.
In re:- Kulsum Bibi & Anr. .... Petitioners.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 5.7.2017 in connection with Ghatal Police Station Case No.118/2017 dated 16-6-2017 under Section 458/436/302/120B & 506 of the Indian Penal Code.
Mr. Nonigopal Chakraborty ... For the petitioners. Mr. Binoy Kumar Panda, Mrs. Puspita Saha .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
This is a case, where three persons including the two children were killed by locking them inside their room and setting the house on fire. It is true that the petitioners are in custody for 31 days but except their statements recorded under Section 161 Cr.P.C., there is no further materials in the case diary against them.
The learned Counsel for the State although opposes the prayer for bail only on the ground that the petitioners are in custody for 31 days but he is unable to show us any iota of materials, which may justify us for their further detention.
Having regard to above and when no case is made out from the side of the State showing that further custodial detention of the petitioners is necessary or if they are released on bail, they are likely to abscond, we allow their prayer for bail. 2 Let the petitioners be released on bail upon furnishing bond of Rs.10,000/- each with two sureties of Rs.5,000/- each for each of the petitioners, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J. )