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Calcutta High CourtCRM/5514/2020rejected

Maidul Islam @Mahidul Islam v. State Of West Bengal

2020-09-18Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy3 pages

18.9.2020 G.S.Das Ct.No.16 CRM 5514 of 2020 CRAN 1 of 2020 (Old No. CRAN 3854 of 2020) (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal P.S. Case No. 975 of 2018 dated 19.12.2018 under Sections 326/307/34 of the Indian Penal Code, 27 Arms Act and 9(b) I.E. Act. And In the matter of: Maidul Islam @ Mahidul Islam ....petitioner Mr. Amanul Islam ... for the petitioner Mr. Binay Panda Ms. Puspita Saha ... for the State The petitioner undertakes to affirm and appropriately stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims to be in custody for more than 75 days and says that the principal accused has been granted bail. The incident is of December, 2018 and the petitioner is alleged to have inflicted gun-shot injuries on the survivor. The State says that the petitioner was absconding and was arrested only earlier this year.

Considering the fact that the bullets were fired and the petitioner absconded for more than a year, the prayer for bail is rejected at this stage.

CRM 5514 of 2020 and the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)