Calcutta High Court (Appellete Side)
An Application Under Section 5 Of The ... vs Noor Mohammad @ Mohan on 28 November, 2011
Author: Raghunath Bhattacharya
Bench: Raghunath Bhattacharya
1 28.11.11
km CRR No. 3390 of 2011 In the matter of : An application under section 5 of the Limitation Act being CRAN No. 2166 of 2011 filed on 02.11.2011;
And
In the matter of: Noor Mohammad @ Mohan Petitioner
Mr. Sumanta Chakaborty
Mr. Sukanta Chakraborty For the Petitioner
Having heard the learned lawyer for the Petitioner and upon reading the averments made in support of the prayer for condonation of delay, I am satisfied that reason for the delay of 126 days, as mentioned in this Application, in moving this Revisional Application, has sufficiently been explained. Accordingly, such delay is condoned and the Application being CRAN No. 2166 of 2011 is allowed.
Register the Application if otherwise in form.
(Raghunath Bhattacharya, J) In the matter of: An application under section 482 of the Code of Criminal Procedure;
Mr. Sumanta Chakraborty For the Petitioner Mr. Chakraborty, the learned lawyer for the Petitioner, draws my attention to the Order dated 24.03.2011 passed by the learned Additional Chief Judicial Magistrate, Barrackpore where the accused persons, namely, Noor Mohammad 1 2 Mirdha @ Mohan, Md. Manirul Islam and Md. Alimuddin Dafadar were granted bail of Rs.10,000/- each of which one must be local of Rs.5,000/- and two registered sureties of Rs.2500/- each . The bail bonds were filed 29.03.2011 in respect of two accused persons, but the bail bond was not filed in respect of other accused, namely, Noor Mohammad Mirdha @ Mohan. It is submitted by the learned lawyer for the Petitioner that subsequently he filed the bail bond before the learned Court below; but the learned Court below refused to accept the same.
Heard the learned lawyer for the Petitioner.
The bail order passed on 24.03.2011 is unconditional one. The learned Magistrate is hereby directed to accept the bond and to proceed with the case in accordance with law.
The Criminal Revision is, thus, disposed of.
Urgent Xerox certified copy of this order, if applied for, be given to the learned Advocates for the parties.
(Raghunath Bhattacharya, J) 2 3 3