Calcutta High Court (Appellete Side)
Paltu @ Paltu Ghosh @ Debasish Ghosh vs State Of West Bengal on 5 December, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas and The Hon'ble Mr. Justice Dr. Mrinal Kanti Chaudhuri CRM No.15116 of 2013 Paltu @ Paltu Ghosh @ Debasish Ghosh v.
State of West Bengal Mr. Shivaji Kumar Das ...for the petitioner.
Mr. Atif Ahmed Siddiqui ... for the State.
Heard on: December 5, 2013 Order on: December 5, 2013.
Jayanta Kumar Biswas, J:- The petitioner accused of offences under ss.302/34 IPC, ss.25/27 Arms Act and s.9B Explosive Substances Act and in custody from September 30, 2013 is seeking bail under s.439 CrPC.
The court below has refused bail on October 3, 2013 referring to the gravity of the offences.
Advocate for the petitioner has submitted that charge-sheet has been submitted, and that two persons have been granted bail by this court on October 28, 2013 in CRM No.13992 of 2013. Advocate for the State producing the case diary has strongly relied on the s.164 statement of an eyewitness and submitted that two more cases under several provisions of Indian Penal Code are pending against the petitioner.
The statement of the eyewitness is at p.100. The witness has clearly stated how the deceased was attacked and shot dead by the accused including the petitioner who also fired from his firearm targeting the deceased. The s.164 statement makes out a very strong prosecution case. We are of the view that it will not be appropriate to grant the petitioner bail. We do not find any reason to 2 grant him equality benefit. Bail was granted to two persons considering the extent of their involvement.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J.) S.R. (Dr. Mrinal Kanti Chaudhuri, J.)