Calcutta High Court (Appellete Side)
Subhas Santra vs Unknown on 14 September, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
09.2011 pk CRM No.7980 of 2011 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 25th August, 2011 in connection with Jagacha P.S. Case No.456/10 dated 8.11.10 under Sections 302/201/34 of the IPC.
And
In the matter of:- Subhas Santra
petitioner
Ms. Koyeli Bhattacharyya for the petitioner
Mr. Ashraf Ali for the State
Heard the learned Counsel appearing on behalf of the parties. Perused the case papers.
The petitioner is in custody for about 275 days. The case has been committed and charge sheet has been submitted. It is submitted that one of the co-accused, namely, Biswajit Nandy @ Fuchin has been released on bail by this court.
On the other hand, the learned Counsel, appearing for the State, vehemently opposed the prayer for bail and submitted that the petitioner is not standing on the same footing with the co- accused, who is on bail and further submitted from the statement of the eye witnesses, petitioner's presence and participation have been made out. In addition to that Mr. Ali submitted at the instance of the petitioner, one fire arms has been recovered.
Considering the rival submissions of the parties and the materials available from the case papers, in our opinion, this is not a fit case to grant bail.
(J. N. Patel, Chief Justice) (Ashim Kumar Roy, J.)