Calcutta High Court (Appellete Side)
In Re:- Jakir Sk. @ Jakir Ali vs Re: An Application For Bail Under ... on 15 February, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 28 15.2.2017
C.R.M. No.1039 of 2017 p.d.
In re:- Jakir Sk. @ Jakir Ali .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 7.2.2017 in connection with Kaliachak Police Station Case No.469/2016 dated 27.7.2016 under Section 302/34 of the Indian Penal Code, 1860 read with Section 27 Arms Act.
Mr. Rajdeep Majumder, Mr. Subhadeep Ghosh ... For the petitioner.
Mr. Neguive Ahmed, Mrs. Benazir Hasna .... For the State.
Heard the learned Advocates appearing on behalf of the parties.
We have gone through the case diary.
The petitioner is in custody for 175 days and although investigation is over but the case could not have been committed due to the fact that one of the co-accused is still absconding.
The learned Counsel for the State, on the other hand, opposing the prayer for bail, submits that the incident took place in a Tea Stall and then he draws our attention to the statement of the said Tea Stall Owner, which is at page-105 of the case diary.
Going through the same, we find from the materials collected during investigation that the alleged occurrence was known to the investigating agency and that the said Tea Stall Owner was a vital witness to such occurrence. However, he was examined three months after the alleged occurrence. The occurrence is of July 27, 2016 and 2 the said statement of the Tea Stall Owner was recorded on October 27, 2016 about three months after.
Now, having regard to above and considering the petitioner's length of detention in custody and when no case is made out from the side of the State showing that further custodial detention of the petitioner is necessary, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a 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 Chief Judicial Magistrate, Malda subject to the condition that after release, he shall not enter within the jurisdiction of the concerned police station and shall report to the officer-in-charge of that police station, where he shall reside after release. The residential address be furnished to the court as well as to the investigating officer of the case by the petitioner before his release.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)