Jiarul @ Jiyarul Sk v. State Of West Bengal

15.03.2022 Serial no. 59 Dd CRM (DB) 713 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Katwa Police Station Case No.

dated 01.06.2013 under Sections 448/302/34 of the Indian Penal Code and Sections 25/27/35 of the Arms Act and 3/4 E.S. Act.

-AndIn the matter of : Jiarul @ Jiyarul Sk.

...Petitioner

Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya, Advocates ... ...For the State Petitioner seeks bail on the ground of parity. Learned advocate appearing for the State, in his usual fairness, submits that the petitioner can justifiably claim so.

In such circumstances, in view of the fact that some of the co-accuseds were granted bail by the co-ordinate Bench from time to time and considering the fact that the petitioner can justifiably claim parity with regard to such co-accuseds who were granted bail by the co-ordinate Bench, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Katwa, Purba Burdwan subject to condition that the petitioner shall appear before the learned trial court on

every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 713 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)