Calcutta High Court (Appellete Side)
3/4 Of The Explosive Substance Act vs In Re : Bidhan Mondal @ Kartick on 4 September, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 02 04.09.2017
srm CRM No. 8152 of 2017 Re : An application for bail under Section 439 of the Code of Criminal Procedure affirmed on 17.08.2017 in connection with Kalna P.S. Case No.98 of 2017 dated 22.02.2017 under Sections 326/307/302/34 of the Indian Penal Code and Section 9(b)(2) of the Indian Explosive Act and Sections 3/4 of the Explosive Substance Act.
And In Re : Bidhan Mondal @ Kartick ...Petitioner.
Mr. Prabir Kumar Mitra,
Mr. Pinak Mitra,
M. Subhanwita Ghosh ..for the Petitioner
Mr. Neguive Ahmed,
Ms. Zareen N. Khan ..for the State
Heard the learned Counsel appearing for the respective parties and perused the case diary.
The petitioner is in custody for 176 days. Charge sheet has already been submitted.
On perusal of the materials in the case diary, we find that no case is made out from the side of the State showing further custodial detention of the petitioner or that in the event bail is granted, petitioner is likely to 2 abscond. Necessary to point out that four other co‐accused persons have already been granted bail by this Court by orders dated April 27, 2017 passed in C.R.M. No.3531 of 2017, July 5, 2017 passed in C.R.M. No.6290 of 2017, July 26, 2017 passed in C.R.M. No.6936 of 2017 and July 27, 2017 passed in C.R.M. No.7105 of 2017, who are on the same footing, we are inclined to grant bail to the petitioner.
Accordingly, we allow the petitioner's prayer for bail. 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 Additional Chief Judicial Magistrate, Kalna, Burdwan on condition that after release, the petitioner shall attend the trial on each and every date and on the occasion of single default on the part of the petitioner this bail granted to him shall stand cancelled automatically without further reference to this Court.
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.) (Ashis Kumar Chakraborty, J.) 3