Calcutta High Court (Appellete Side)
Sk. Jasim Hossain & Anr vs Unknown on 19 April, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 9.04.20171
pk CRM No. 3216 of 2017 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.04.2017 in connection with RC 8(E)/2013 dated 19/08/2013 vide CBI, SPE.SCB under Sections 420/419/467/471/255/258/260/120B of the Indian Penal Code.
And
In the matter of: Sk. Jasim Hossain & Anr. petitioners
Kazi Safiullah for the petitioners
Mr. Kali Charan Mishra, Spl. Public Prosecutor & DLA/CBI, Md. Asraf Ali for the CBI Heard the Learned Counsel appearing on behalf of the parties. Perused the case diary.
The learned counsel for the petitioners submits that petitioners are in custody for ten months. Investigation is over and charge sheet has been submitted but till date case has not been committed. He further submits that out of four charge sheeted accused persons, two are on bail except these petitioners. He then points out that the persons, who are on bail are the persons in whose Press the forged stamp papers were printed and another, who is the vendor of the same. He, therefore, prays that the petitioners' prayer for bail be considered favourably.
On the other hand, the learned Special Public Prosecutor, CBI vehemently opposes the prayer for bail and submits that today is the date fixed for commitment of the case. He further submits that these petitioners are never standing on the same footing with the co-accused persons, who are now on bail. 2 He points out that these petitioners introduced themselves as lawyer but on enquiry at Bar Council, it is found that claim is absolutely false. Then he points out that they are involved in manufacturing 46 false and forged Sale Deeds and thereby sold out different plots of land belonging to different persons. Lastly, he points out that these petitioners have criminal antecedent and are involved in a case of Chit Fund matter.
We have gone through the case diary. Considered their respective submissions.
Going through the same and considering the nature and seriousness of the allegation and the gravity of the offence and the criminal history of these petitioners, we are of the opinion that this is not a fit case for bail.
Accordingly, the prayer for bail stands rejected.
(Ashim Kumar Roy, J.) (Asha Arora, J.)