Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Md. Asirul Haque & Ors on 6 April, 2010
Author: Mohit S. Shah
Bench: Mohit S. Shah
1 14 06.04.2010
C.R.M. 4821 of 2010 In the matter of: An application for bail under section 439 of the Code of Criminal Procedure, 1973 filed on 01.04.10 in connection with Dubrajpur P.S. Case No. 25/10 dated 19.05.08 under Sections 147/148/149/326/307/302/448/380/354/506 of I.P.C. read with Sections 25/27 of the Arms Act and Sections 3 and 4 of the Explosives Substances Act.
And In re : Md. Asirul Haque & Ors.
.... Petitioners (In jail) Mr. Milon Mukherjee, Mr. Subhashis Dasgupta.
...For the Petitioner.
Mr. S.N.S. Al Quadri.
...For the State.
Mr. Mukherjee appearing as learned counsel for the petitioner refers to the backdrop of the present case and submits that there has been case and counter-case and the present petitioners are in no way involved with the offence under Section 302 of Indian Penal Code. It is also submitted that the present petitioners are in detention for a considerable period of time and no fruitful purpose is likely to be served by keeping the petitioners behind the bar any longer at this stage.
Learned counsel for the State draws attention of the Court to the materials in the case diary particularly the copy 2 of the seizure list which indicates that there has been recovery of 81 live bombs as well as other offending items from the room of one of the accused persons.
Having regard to the nature and gravity of the alleged crime and other relevant records, we do not think that the petitioners deserve to be favoured with an order of bail right at this stage. The prayer, as such stands rejected.
The case diary be returned.
This disposes of C.R.M. 4821 of 2010.
(MOHIT S. SHAH, CHIEF JUSTICE) (S. P. TALUKDAR, J.) 3