Calcutta High Court (Appellete Side)
3 Of The Pdpp Act vs Sukur Ali Mallick & Ors on 7 November, 2017
1 19 07.11.2017
C.R.M. 11034 of 2017 SB Court 28 In Re : An application for bail under Section 439 of the Code of Criminal Procedure filed on 03rd November, 2017 in connection with Sankarail P.S. Case No.1028/16 dated 13.12.2016 under Sections 147 / 148 /149 /153A /153AA / 283 /427 /436 /325/326/307/295A/296/506/332/333/353/120B of the Indian Penal Code read and 3 / 4 of the Explosives Substance Act, and Section 3 of the PDPP Act.
And the matter of : Sukur Ali Mallick & Ors.
.... Petitioners.
Mr. Ramashish Mukherjee Sk. Nezauddin ..... For the Petitioner Mr. S.G. Mukherjee, Ld. P.P. Mr. Ranabir Roy Chowdhury BAIL Mr. Arindam Sen ..... For the State It is submitted on behalf of the petitioners that they are in custody for more than eight months. It is further submitted that no overt act was attributed by the petitioners in the instant case. Therefore they may be enlarged on bail.
Learned Public Prosecutor for the State produces the case diary and opposes the prayer for bail. He submits that a communal strife had broken out in the locality over the incident.
Having considered the materials in the case diary and bearing in mind the period of detention and the extent of complicity of the petitioners in the alleged crime, we are of the opinion that further detention of the petitioners may not be necessary in the facts of the case.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) each with two sureties of like amount, one of whom shall be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah on condition that they shall not enter the jurisdiction of Sankrail Police Station without express permission of the Court and they shall provide the particulars of 2 their places of residence to the investigation officer as well as the trial Court. They shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit similar offences in future and they shall appear before the trial Court on every date of hearing and in the event they fail to do so, their bail shall stand automatically cancelled without further reference to this Court.
The application for bail is, accordingly, allowed. Urgent Photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)