Gobindo Majumdar v. State Of West Bengal

18.05.2023.

43.

Ct.No.28 as (Allowed) C.R.M. (DB) 2027 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Muchipara P.S. Case No.126 of 2019 dated 04.07.2019 under Sections 120B/170/365/395 of the Indian Penal Code.

In the matter of : Gobindo Majumdar.

.... Petitioner.

Mr. Shiladitya Barma, Ms. Arpita Das.

...for the Petitioner.

Ms. Zareen N. Khan, Mr. Asif Dewan.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Petitioner is in custody for 1400 days. There is delay in trial. Co-accused is on bail. Petitioner stands on the same footing with coaccused. Hence, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner viz., Gobindo Majumdar 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 Metropolitan Magistrate, Calcutta 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 and on further condition that the

petitioner while on bail shall remain within the District of North 24-Paraganas except for purpose of investigation and attending court proceeding and shall report to the Officer-incharge of the concerned P.S. within whose jurisdiction he shall presently reside once in a week until further orders. 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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)