Calcutta High Court (Appellete Side)
CRM-8918-2017 on 15 September, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 12 15.9.2017
C.R.M. No.8918 of 2017 p.d.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 4.9.2017 in connection with S.T. Case No.08 (8)2017 arising out of Swarupnagar Police Station Case No.364/2017 dated 8.5.2017 under Sections 147/148/149/448/326/307/354B/427/506 of the Indian Penal Code, 1860 adding Section 302 of the Indian Penal Code, 1860.
In re:- Ajijur Rahaman Gazi @ Aijur Gazi @ Azizur .... Petitioner. Mr. Soumya Banerjee ... For the petitioner.
Mr. Arun Kumar Maity, A.P.P., Mrs. Sukanya Bhattacharyya .... For the State. Mr. Nirupam Dhali ... For the de facto complainant.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for 132 days. Charge sheet has already been submitted.
On perusal of the case diary, we find that there was a land dispute in between the two groups of villagers. They entered into free fighting and while from the side of the complainant one person was killed and many sustained injuries, at the same time, from the side of the accused persons, 4-5 persons also sustained injuries. No material in the case diary is produced before us showing necessity of further custodial detention of the petitioner even after submission of the charge sheet or that in the event, bail is granted in his favour, he is likely to abscond.
In view of the above, we are inclined to allow the petitioner's prayer for bail.
Accordingly, we allow his prayer for bail.
2Let 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, Basirhat, North 24-Parganas on condition that after release, the petitioner shall not enter within the jurisdiction of Basirhat Sub- Division until furthers except for the purpose of attending the court below in connection with the trial.
The petitioner shall be released upon prior furnishing of his residential address, where he will stay after obtaining bail, to the learned Additional District and Sessions Judge, Fast Track Court No.1, Basirhat, North 24-Parganas as also to the Officer-in-Charge of Swarupnagar Police Station, District: North 24-Parganas.
The application for bail is, thus, disposed of.
(Debasish Kar Gupta, J.) (Amitabha Chatterjee, J. )