Ajad Mirja v. State Of West Bengal

07.06.2023 sdas allowed CRM(DB) No. 2139 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 143 of 2018 dated 19.02.2018 under Sections 395/397/412/307 of the Indian Penal Code read with Sections 25/27/35 of the Arms Act.

And In Re : Ajad Mirja ...... petitioner Mr. Saikat Chatterjee Mr. Abdur Rakib Mr. Puranjan Pal ....for the petitioner Mr. Prodipta Ganguly .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Petitioner is in custody for more than five years. It is contended that co-accused have been granted bail on the ground of delay. Accordingly, we are inclined to extend the same privilege to the petitioner also. Accordingly, we direct that the petitioner 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, Malda, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further conditions that while on bail petitioner shall remain with the jurisdiction of Motabari Police Station until further orders except for attending court proceedings

and shall report to the Officer-in-Charge, Motabari Police Station once in a week until further orders.

In the event the petitioner fails to appear before the trial court without 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)