Calcutta High Court (Appellete Side)
Penal Code vs Allowed In Re : Sahajan Molla on 9 January, 2020
1 09.01.2020
tkm/ct 28 C.R.M. 12463 of 2019 sl no. 116
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 24.12.2019 in connection with Basirhat P.S Case No. 1350 of 2016 dated 8.11.2016 under sections 498A/302 of the Indian Penal Code And Allowed In Re : Sahajan Molla ...... petitioner Mr. S Lahiri Mr. S Azam ...... for the petitioner Mr. A K Maity Mr. T K Chatterjee ...... for the State Mr. Sabir Ahmed ...... for the de facto complainant Heard the learned advocates appearing for the petitioner and the State.
Petitioner is in custody for over two years and seven months and it is submitted on behalf of the petitioner that the evidence of the and son of the deceased Sahin Molla has already been recorded.
Learned lawyer for the State opposes the prayer for bail. Learned lawyer for the de facto complainant also opposes the prayer for bail.
We have considered the materials on record. Impact of evidence of Sahin Molla P.W 7 is to be assessed in the light of the other evidence on record. However, in view of the fact that the aforesaid vulnerable witness has already been examined and as 2 the petitioner is in custody for a protracted period of time, we are inclined to grant bail to the petitioner, however, subject to strict conditions.
Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Basirhat on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not enter the jurisdiction of Basirhat P.S until further orders except for purpose of investigation and attending court proceeding and shall provide address where he shall presently reside to the investigating officer as well as to the court below and shall report to the officer in charge of the concerned P.S within whose jurisdiction he shall presently reside once in a week until further orders.
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 being CRM 12463 of 2019 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.) 3