Calcutta High CourtCRM (SB)/161/2022allowed

Suklal Khan v. State Of West Bengal

2022-07-13Hon'Ble Justice Tirthankar Ghosh2 pages

13.07.2022 Item No.9 Ct.No.34 dc.

Allowed C.R.M. (SB) 161 of 2022 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Chandrakona Police Station Case No. 249 of 2022 dated 24.06.2022 (G.R. Case No. 683 of 2022) under Section 379 of the Indian Penal Code and Section 11 of the Tree Felling Act, 2006. And In Re :

Suklal Khan ... Petitioner.

Mr. Suman Chakraborty ... For the Petitioner.

Mr. Rudradipta Nandy, Ms. Sonali Das ... For the State.

Learned advocate appearing for the petitioner submits that there has been substantial recovery made by the investigating agency and the petitioner was initially in police custody for three days and thereafter, he is in jail custody. Till date, the Investigating Officer of the case has not interrogated the petitioner in jail.

Learned advocate for the State opposes the application for bail, particularly in respect of the period of detention and the recoveries which have been effected.

Having regard to the fact that substantial search and seizure has been made, I am of the opinion that further detention of the petitioner is unwarranted. As such, the prayer for bail is allowed.

Accordingly, the petitioner, viz., Suklal Khan shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur and on further condition that if on bail, the petitioner shall meet the Investigating Officer of the case every alternate day till further orders of this Court. The petitioner is granted liberty to pray for modification of the aforesaid order after complying with the aforesaid conditions for a period of one month. The application for bail, being CRM (SB) 161 of 2022, is, thus, disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)