Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Monsur Molla on 2 August, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 38 02.08.2017
SK Court No.26 CRM 7052 of 2017 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 18.07.2017 in connection with Minakhan Police Station Case No. 265/15 dated 28.07.2015 under Sections 302/34 of the Indian Penal Code read with Sections 25(i)(a)/27 of the Arms Act.
And
In Re: Monsur Molla Petitioner.
Ms. Sreyashee Biswas ......For the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Arun Kumar Maity, APP,
Ms. Sukanya Bhattacharjee ... For the State.
Mr. Rabi Shankar Chattopadhyay,
Mr. Soumen Banerjee ... For the de facto complainant.
Heard the learned counsel appearing on behalf of the parties. Perused the Case Diary.
It is true that this Bench about nearly three and half months back rejected the petitioner's prayer for bail, while allowing such prayer in respect of five others, considering the role attributed to him in the commission of the offence. However, the petitioner is in custody for 736 days, but only one single witness has been examined that was in September, 2016, about 11 months ago. Since then the court is lying vacant. We are not sure when the court shall be filled up.
2Although, the learned counsel for the de facto complainant vehemently contends that after being released on bail the said co-accused entered the village and threatened the witnesses, violating the condition of bail.
However, the learned Public Prosecutor controverted such allegations and on instruction from the investigating officer of the case submitted that those are not correct.
Be that as it may, having regard to the petitioner's length of detention in custody and considering the progress of the trial and the status of the trial court and when no apprehension has been disclosed from the side of the State that if the petitioner is released on bail, he is likely to abscond or his further custodial detention is necessary even after submission of charge-sheet, the prayer for bail is allowed.
Let the petitioner be released on bail upon furnishing Bond of Rs. 40,000/- with two sureties of Rs. 20,000/- each, both of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas and on further condition that after release the petitioner shall not enter within the jurisdiction of Basirhat Sub- Division, except for the purpose of attending the court's proceedings and before his release he shall furnish his address to the investigating officer of the case that after release where he 3 shall stay and shall meet the Officer-in-Charge of that police station, thrice in every week, until further orders.
It is further directed that the petitioner must be present on each date fixed for trial and if there is any single default without sufficient cause, the court below shall have the liberty to at once cancel his bail and to take him into custody in accordance with law without any further reference to this court.
We further direct, if by the next date the trial court is not filled up, then in that case the learned Sessions Judge, North 24 Parganas shall transfer the trial to any other competent court situated within the Basirhat Sub-Division and all attempts must be made to conclude the same by the end of this year and the trial must be proceeded strictly in terms of Section 309 CrPC.
Having regard to the facts, the learned counsel for the de facto complainant has alleged that the other co-accused are misusing the liberty. Although, on instruction from the investigating officer of the case it has also been disputed by the learned Public Prosecutor, still for the ends of justice, we direct the S.P., North 24 Parganas to look into the matter and to ensure that no witness should be terrorized and, if necessary, adequate security be provided to them.
Office is directed to communicate this order to the learned Sessions Judge, North 24 Parganas as well as to the 4 S.P., North 24 Parganas for taking necessary steps in this regard.
The instant application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)