Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Sk. Saidul @ Sk. Sahidul @ Bhola - on 13 March, 2012
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 60. 3-03-12
CRM No. 3842 of 2012 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 05.03.2012 in connection with Haldia P.S. Case No. 105/2011 dated 21.08.2011 under Sections 399/402 of the Indian Penal Code and Sections 25/27/35 of the Arms Act and Section 9B of the Indian Explosives Act.
And In Re : Sk. Saidul @ Sk. Sahidul @ Bhola - petitioner Mr. Amitabha Karmakar ... for the petitioner Mr. Syed Shamsher Ali ... for the State Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25/27/35 of the Arms Act and Section 9B of the Indian Explosives Act which was registered vide Haldia P.S. Case No. 105/2011.
It is submitted that the petitioner is in custody for 58 days. Investigation is over and charge-sheet has been submitted. Out of total 7 charge-sheeted accused persons, 6 persons are on bail.
It is not disputed that the present petitioner is standing on the same footing with the co-accused who are on bail and when no apprehension has been disclosed from the side of the State that if the petitioner is released on bail, he is likely to abscond. Prayer for bail is allowed.
Let the petitioner be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Haldia on a bond of Rs. 5,000/- with two sureties of Rs. 2,500/- each and on further condition that he shall not tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail is, thus, disposed of. 2 (Ashim Kumar Roy, J.) (Asim Kumar Ray, J.)