Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re.: Sk. Jasim Hossain & Anr on 17 July, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 15. 17.07.2017
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ap C.R.M. 6375 of 2017 In the matter of: an application for bail under Section 439 of the Code of Criminal Procedure filed on 04.07.2017 in connection with CBI Case No. RC 8(E)/2013 of CBI, EOW, Kolkata dated 19.08.2013 under Sections 429/420/467/471/255/258/260/120-B of the Indian Penal Code.
And
In re.: Sk. Jasim Hossain & Anr. ...Petitioners
Mr. Sekhar Kumar Basu, Sr. Advocate,
Mr. Saryati Datta. ..for the petitioners
Mr. Asraf Ali. ... for the CBI.
Heard the learned counsel appearing on behalf of the parties. The learned counsel appearing on behalf of the petitioners submits that his clients are in custody for 399 days and although investigation is over but the case has not yet been committed. He further submits that this is a case, where the allegation is one of manufacturing of forged stamp papers and using the same as genuine. He also submits that two other co-accused, namely, Sk. Lal Mohammad and Radhe Shyam Gupta, who allegedly manufactured forged stamp papers, used and marketed the same, have been granted bail by the Court below and that order has reached its finality, not being challenged by the CBI. He also points out that even their prayer for bail was not opposed by the CBI as the charge- sheet already submitted. It is further submitted that the present 2 petitioners are standing on much better footing from those two co- accused persons.
On the other hand, Mr. Asraf Ali, learned Special Counsel for the CBI, vehemently disputes that the petitioners are standing on the same footing with those co-accused persons, who have already been enlarged on bail by the Court below. He further submits that while there are allegations that they were engaged in manufacturing and dealing with forged stamp papers but from their possession nothing was recovered. However, from the present petitioners not only the forged stamp papers have been recovered, they have been found to utilize those stamp papers for manufacturing of the deeds and those fake deeds were used to cheat the people. In this regard the learned for the CBI draws our attention to the seizure memo from the case docket as also the report of the expert.
We have gone through the case docket and considered the materials collected during investigation.
Admittedly, the petitioners' prayer for bail was rejected by a co- ordinate Bench of this Court about few months' back.
Not only that no case is made out from the side of the petitioners, which may justify us to reconsider their prayer for bail once again that too on the selfsame materials, even otherwise going through the materials on record and considering the further fact that 3 the petitioners have criminal antecedents and two other cases are pending against them, the prayer for bail is rejected at this stage.
Trial be expedited.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)