Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Pappu @ Anuj Kr. Show @ Anuj Kumar ... on 2 April, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 14. 02-04-13
gn.
CRM No. 4332 of 2013 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 22.03.2013 in connection with Kotwali P.S. Case No. 491/2011 dated 08.09.2011 under Sections 394/411 of the Indian Penal Code.
And In Re : Pappu @ Anuj Kr. Show @ Anuj Kumar Shaw
- petitioner Ms. Sreyashee Biswas...for the petitioner Mr. Prodipto Ganguly ... for the State Heard the learned Counsels appearing on behalf of the parties. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 394/411 of the Indian Penal Code, which was registered vide Kotwali P.S. Case No. 491/2011.
It is submitted that the petitioner is in custody for 432 days and although charge- sheet has been submitted long back but till date case has not been committed. It is further submitted that in a case of dacoity, petitioner was not identified in the T. I. Parade. It is further submitted that one alleged stolen article was recovered from the possession of the present petitioner but same was not identified and lastly it is contended that one of the persons who was caught red handed, has been granted bail.
On the other hand, the learned Counsel for the State has not been disputed that till date case has not been committed and neither the petitioner nor the stolen article was identified in the T. I. Parade and one of the co-accused persons who was caught red handed from the spot, has been granted bail by the court below. 2 Having regard to the aforesaid facts and considering the petitioner's length of detention in custody and there is no likelihood that the trial being commenced shortly and although this court earlier rejected the petitioner's prayer for bail, now at this stage, the petitioner's prayer for bail stands allowed.
Let the petitioner be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur on a bond of Rs. 30,000/- with two sureties of Rs. 15,000/- each, one of whom must be local and on further condition that after release, he shall not leave the jurisdiction of his place of residence except for the purpose of attending the court proceeding and for reporting the police and shall report to the Officer-in-Charge of the local police station on every alternate day until further order.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Subal Baidya, J.)