Chand Hossain v. State Of West Bengal

21.12.2020 ss Allowed C.R.M. 2278 of 2020 With CRAN 1 of 2020 (Not in the file) (Through Video Conference) In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Baruipur P.S. Case No. 1355 of 2019 dated 23.06.2019 under sections 302/34 of the Indian Penal Code read with sections 25/27 of the Arms Act.

And In the matter of : Chand Hossain Mr. Aafreen Perveen ... ... for the petitioner Mr. B. Panda Mr. S. Bhakat ... ... for the State Petitioner is in custody for more than 400 days. Coaccused Shahed Parvez @ Md. Shahid @ Katta Sahid has been released on bail.

Learned lawyer for the State opposes the prayer for bail. Keeping in mind the facts and circumstances of the case and as co-accused has been granted bail, we are inclined to extend the same privilege to the petitioner.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas subject to the condition that the petitioner shall appear before the trial Court on every date of hearing

until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to do so without justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this court. The application for bail is, thus, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)