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Calcutta High CourtCRM (DB)/1488/2024allowed

Md. Hussain @ Imran @ Hani v. The State Of West Bengal

2024-05-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

10.05.2024.

29.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1488 of 2024 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 08.10.2020 under Sections 395/397 of the Indian Penal Code and Sections 25(1B)(A)/27 of the Arms Act.

In the matter of : Md. Hussain @ Imran @ Hani. .... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Ratul Ghosh.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for three and half years. There is inordinate delay in trial. Co-accused have been enlarged on bail. 3.

Under such circumstances, we are inclined to extend the same privilege to the petitioner.

4.

Accordingly, the petitioner viz., Md. Hussain @ Imran @ Hani 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 Chief Judicial Magistrate, Alipore, South 24-Paraganas subject to condition that he 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. Signed By : ALOK SETH High Court of Calcutta 10 th of May 2024 05:31:40 PM

5.

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 his bail in accordance with law without further reference to this Court.

6. This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 10 th of May 2024 05:31:40 PM