Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Unknown on 3 May, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 03.05.2013
C. R. M. No.6000 of 2013 In the matter of :-
An application for bail under Section 439 of the Criminal Procedure Code, 1973 filed on 24.04.2013 in connection with Nandigram Police Station Case No.15 of 2013 dated 19.01.2013 under Sections 394/397 of the Indian Penal Code.
And In the matter of :-
Santosh Das.
... Petitioner Mr. Amitabha Karmakar Ms. Sutanuka Chowdhury ... for the petitioner Mr. Kallol Mondal ... for the State Heard the learned advocate for the petitioner Santosh Das and the learned counsel for the State.
The petitioner is seeking bail in connection with a case relating to offences under Sections 394/397 of the Indian Penal Code, which has been registered, vide Nandigram Police Station case No.15 of 2013 dated 19.01.13.
The learned counsel for the petitioner submitted that he is in custody for 94 days and although investigation is over and charge-sheet has been submitted, but the case has not been committed. He submitted in such circumstances petitioners prayer for bail may be considered favorably taking into account his period of detention and the fact that the investigation is over.
On the other hand, learned counsel for the State vehemently opposed the prayer for bail. He pointed out in this 2 case a girl aged about 11 years was robbed at the point of knife and at the time of the incident she was mercilessly assaulted and her gold neck chain and one imitation golden ear ring were taken away. It is also pointed out that during the scuffling one torn leather made wrist watch belt and one button of the shirt of the petitioner were taken away by the victim girl. He further pointed out that from the place of occurrence one pair of chappals of the petitioner was recovered and after his arrest the stolen ear ring was seized. Lastly it is pointed out that petitioner has been identified in the T.I. parade and he has also criminal antecedents being involved in Nandigram P.S. case No. 17 of 2013 under Section 489B and 489C of the Indian Penal Code. Next our attention has been drawn to the injury report, Statement of the witnesses recorded under Section 161 Cr.P.C., T.I. parade sheet and seizure lists from the case diary.
Having heard the learned counsels of both the sides and going through the statements of the witnesses and other materials collected during investigation and also considering the nature and gravity of the offences and the fact that the petitioners prayer for bail was rejected lastly on April 2, 2013 and when no case has been made out which may justify us to reconsider his prayer for bail, this application for bail stands rejected.
The application for bail being CRM No.6000 of 2013 is, thus, disposed of.
(Ashim Kumar Roy, J.) 3 (Subal Baidya, J.)