Calcutta High Court (Appellete Side)
Safique Khan @ Safik Khan vs Unknown on 14 September, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
38 14.09.2011 C.R.M. 7959 of 2011
Sd
Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25th August, 2011 in connection
with Arambag P.S. Case No. 325/09 dated 26.11.09 under
Section 147/ 148/ 149/ 506/ 447/ 448/ 427/ 379/ 325/
326/ 302of the Indian Penal Code read with Section 25/27 of
the Arms Act and Section 9(b)(ii) of the Explosives Act.
And
In the matter of : Safique Khan @ Safik Khan
@ Sk. Safik Khan & Anr.
... Petitioners (in Jail).
Mr. Dipanjan Chatterjee.
....For the Petitioner.
Mr. Debasish Roy, Ld. P.P.
....For the State.
Heard learned counsel for the petitioners as well as the
learned counsel appearing on behalf of the State. Perused the
case diary.
The petitioners are seeking bail in connection with a case
relating to offence punishable under Section 147/ 148/ 149/
506/ 447/ 448/ 427/ 379/ 325/ 326/ 302of the Indian Penal
Code read with Section 25/27 of the Arms Act and Section
9(b)(ii) of the Explosives Act.
It is submitted that the petitioners are in custody for 85 days
and some other co-accused similarly situated have been granted bail
by this Court.
On the other hand, learned Public Prosecutor vehemently
opposed the prayer for bail and submitted that although this case
was registered in the year 2009, but only on 22nd June, 2011 the
petitioners surrendered in the Court after long abscondence. He also
draws our attention to the statement of the eye witnesses contained
in the Case Diary showing that the petitioners led the mob which not
only ransacked the village but killed one person and injured many.
Now considering the rival submissions of the parties and in
the given facts and circumstances of the case as well as on the face
of the conduct of the petitioners, who were absconding for long time,
in our opinion this is not a fit case for granting bail. Prayer for bail
accordingly stands rejected.
The application for bail accordingly stands rejected.
(J. N. PATEL, CHIEF JUSTICE)
(ASHIM KUMAR ROY, J.)