Calcutta High Court (Appellete Side)
Hoque Farooque Abdullah @ Md. Hoque ... vs Unknown on 12 August, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 464 of 2013 12.08.2013
Court No.29 In re CRAN 2125 of 2013: An application for bail under Section 389 (1)of Item No. 109 the Code of Criminal Procedure.
(granted) And In the matter of: Hoque Farooque Abdullah @ Md. Hoque Farooque Abdulla @ Nabab .....Petitioner Mr. Amalesh Ray, Advocate Ms. Mousumi Bhowal, Advocate .... For the Petitioner Mr. Ayan Bhattacharya, Advocate Mr. Anand Keshri, Advocate .... For the State This is a case where the present petitioner has been convicted for commission of offence punishable under Sections 498A/306 of the Indian Penal Code and sentenced to suffer various terms of imprisonment with further direction to pay fine with default clause.
While canvassing the prayer for bail, the learned lawyer of the petitioner contended that the members of in-laws of the victim lady are on bail and the present petitioner is the husband and there is no iota of evidence to sustain his conviction. In support of his contention the learned lawyer of the petitioner has place before me a decision as reported in (2010) I SCC 750 (Gangula Mohan Reddy Vs. The State of Andhra Pradesh) and submitted that on any condition the petitioner may be released on bail.
The learned lawyer of the State resisted the prayer for bail I have heard the submissions made by the learned lawyers of both sides and examined the evidence as placed before me by the learned lawyer of the petitioner. This is a case inter alia under Section 306 of the Indian Penal Code.
sn Having considered the evidence PW-6, PW-7, especially the evidence of PW-5, the mother of the victim lady and also considering the decisions as referred to by the learned lawyer of the petitioner, I am of the opinion that the petitioner has been able to make out a case to go in for appeal to meet success, if possible.
Therefore, I release the present petitioner on bail by keeping the execution of his sentence suspended, to the extent of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Jalpaiguri on condition that the petitioner shall not commit any other offence while on bail and shall not leave the jurisdiction of the concerned Police Station without prior permission of the Court below.
The application being CRAN 2125 of 2013 accordingly stands disposed of.
Urgent Xerox Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Toufique Uddin, J)