Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Jamal Mondal on 9 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
11-11 C.R.M. No. 9231 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 19th September, 2011 in connection with Gopalnagar P.S. Case No. 50 of 2006 dated 28-03-2006 under Sections 302/34 of the Indian Penal Code and Section 9B of the Indian Explosive Act.
And
In re : Jamal Mondal. ... Petitioner.
Ms. Rupa Bandyopadhyay. ... for the petitioner.
Mr. Apurba Kumar Dutta. ... for the State.
Heard the learned Counsel appearing on behalf of the parties. Perused the case papers.
The petitioner is seeking bail in connection with a case relating to the offence punishable under Sections 302/34 of the Indian Penal Code and Section 9B of the Indian Explosive Act which has been registered vide Gopalnagar P.S. Case No. 50 of 2006.
It is contended that the petitioner is in custody for 484 days and no trial has commenced. Accordingly, it is submitted that the petitioner be released on bail.
On the other hand, on behalf of the State, the prayer for bail has been vehemently opposed and it is submitted that although the case was registered in March, 2006, but the petitioner, after long abscondence came to be arrested in May, 2010. In the meantime, eight persons, similarly situated, were tried and convicted for the said offence. It is also submitted that the present petitioner is standing on the same footing with those persons who have already been convicted in the trial.
Now considering the above fact, we do not find any reason to consider the petitioner's prayer for bail and accordingly, the same is rejected.
We have been informed that no trial against the petitioner could have been commenced since the convicted persons preferred an appeal before this court and the entire records have been brought before this court in connection with that appeal.
As none of the Counsels is able to furnish the particulars of the appeal, we are unable to pass any order directing the records be sent down so that the petitioner's trial may be taken up at once.
(Ashim Kumar Roy, J.) 2 (Asim Kumar Ray, J.)