Sk. Israil Alias Boby Alias Birju v. State Of West Bengal
06.05.2024 tkm/ct 28 C.R.M. (DB) 1422 of 2024 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kolkata Leather Complex P.S case no. 103 of 2020 dated 8.10.2020 under sections 395/397 IPC and 25(1B)(A)/27 of the Arms Act and Allowed In Re : Sk Israil alias Boby alias Birju ..... petitioner Mr. Angshuman Chakraborty Mr. S S Saha ...... for the petitioner Ms. Sonali Das Ms. Trisha Rakshit ...... for the State 1.
Heard learned lawyers for the parties.
2.
We have considered the materials on record. Petitioner is in custody for more than three years. There is delay in trial. On such score co-accused has been enlarged on bail.
3.
Under such circumstances, we are inclined to extend the same privilege to the petitioner also.
4.
Accordingly, the petitioner 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 CJM South 24 Parganas at Alipore on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
5.
In the event he fails to do so or resorts to dilatory tactics and delay the trial, trial court shall be at liberty to cancel his bail without reference to this court.
6.
The application being CRM (DB) 1422 of 2024 is disposed of.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
TAMAL KRISHNA MANDAL High Court of Calcutta 7 th of May 2024 12:07:58 PM