Calcutta High Court (Appellete Side)
And Julfikar Mondal vs The State Of West Bengal on 17 December, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas and The Hon'ble Mr. Justice Dr. Mrinal Kanti Chaudhuri CRM No.15645 of 2013 Abdul Khalek Halsana, Jabbar Sk.
and Julfikar Mondal v.
The State of West Bengal Mr. Rajeep Majumdar ...for the petitioners.
Mr. Atif Ahmed Siddiqui ... for the State.
Heard on: December 17, 2013.
Order on: December 17, 2013.
Jayanta Kumar Biswas, J:- The three petitioners accused of offences under ss.325/326/307/436/427/379/354/302/34 IPC and s.9B Explosive Act and in custody from October 8, 2013 are seeking bail under s.439 CrPC.
The court below has refused bail on November 4, 2013 referring to the nature and gravity of the offences. We have been informed that the investigation is still in progress.
Advocate for the petitioners has submitted as follows. The first petitioner was contesting a school managing committee election. The first petitioner's group was attacked by the rival group and a few of the first petitioner's group suffered injuries. A case was instituted, inter alia, under s.307 IPC. Villagers chased the attackers and killed one of them. The rest of the attackers lodged this case implicating the petitioners.
Advocate for the State producing the case diary has submitted as follows. Twenty-seven were named in the FIR. The post-mortem report is at p.47. Offence weapon has been recovered. The investigation is in progress. He has no idea what is the fate of the case instituted by the first petitioner's group.2
The incident took place in connection with a school managing committee election. Two rival groups fought a battle with arms and weapons and they injured a few and killed one. After examining all aspects, we are of the opinion that it will be appropriate to grant the petitioners bail.
For these reasons, we allow the CRM and direct that the petitioners shall be released on bail on a `80,000 bond (for each) with two sureties (for each) of `40,000 each (one local surety) - all the to the satisfaction of ACJM, Krishnanagar; and that if released, they shall not enter the district Nadia except for attending court proceedings and reporting to the investigating officer as and when required by him, and shall report once a week to the officer in charge of their place of stay, information whereof they shall give the officer in charge of Chapra police station before their release. Certified xerox.
(Jayanta Kumar Biswas, J.)
S.R. (Dr. Mrinal Kanti Chaudhuri, J.)