Md. Survey Alam v. State Of West Bengal

28.09.2020 Sc IA No. CRAN 1 of 2020 CRM 6364 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baranagar Police Station Case No. 300 of 2019 dated 23.6.2019 under Section 302 of the Indian Penal Code, 1860.

And In the matter of: Md. Survey Alam ....Petitioner (in Jail).

Mr. Husen Mustafi ...for the Petitioner.

Ms. Sukanya Bhattacharya Md. Kutubuddin.

...for the State.

The petitioner undertakes to affirm and 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 accusation against the petitioner is, inter alia, under Section 302 of the Indian Penal Code. The investigation is complete. It appears that the charge-sheet was submitted by the police on 14th September, 2019. Charges have not been framed till date. It is obvious from the above that there is no real case for keeping the petitioner in further detention. He is in custody for one year three months.

In those circumstances we direct release of the petitioner on bail.

The petitioner will be released on bail upon furnishing security of Rs.10,000/-(Rupees ten thousand) together with personal

release bond of equivalent value to the satisfaction of the appropriate court in North 24-Parganas. The petitioner must, however, attend on every date fixed for trial and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to this Court. CRM 6364 of 2020 and the interim application filed therein are disposed of.

(I. P. Mukerji, J.) (Md. Nizamuddin, J.)