Calcutta High Court (Appellete Side)
Girish Dolui & Anr vs Unknown on 12 July, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
21 12.07.2011 C.R.M. 5489 of 2011
Sd
Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 27th June, 2011 in connection with
Khanakul P.S. Case No. 57 dated 03.06.10 under Section 147/
148/ 149/ 323/ 325/ 326/ 427/ 436/ 302 of the Indian Penal
Code and under Section 25/27 of the Arms Act and Section 9B(2)
of the Explosives Act, 1884.
And
In the matter of : Girish Dolui & Anr.
.... Petitioners (in Jail).
Mr. Sukanta Chakraborty.
....For the Petitioner.
Mr. Satarup Purakayastha.
....For the State.
Heard learned counsel for the petitioners as well as the
learned counsel appearing on behalf of the State. Perused the
case diary.
The petitioners are seeking bail in connection with a
case relating to offence punishable under Section 147/ 148/
149/ 323/ 325/ 326/ 427/ 436/ 302 of the Indian Penal
Code and under Section 25/27 of the Arms Act and Section
9B(2) of the Explosives Act, 1884.
Having regards to the nature and seriousness of the
allegation and the brutality in the commission of the alleged
offence as well as the fact that the witnesses have stated that
the petitioners were present and fired from the gun, we are
not inclined to consider the prayer for bail mainly on the
ground that the licensed fire arm at the relevant time was
deposited in police station due to Parliament Election, as
nothing prevents the person to have another fire arm.
Furthermore, this is a case where similarly situated co-
accused's prayer for bail was rejected by this Court.
Accordingly, we are not inclined to allow the petitioners
prayer for bail and the same is rejected.
The application for bail accordingly stands rejected.
(J. N. PATEL, CHIEF JUSTICE)
(ASHIM KUMAR ROY, J.)