← Library
Calcutta High CourtCRM (DB)/3562/2022allowed

Sk Chand Sha Ahasan @ Chand Sha Ahasan @ Sk Lalbabu And Others v. State Of West Bengal

2022-10-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Supratim Bhattacharya2 pages

13.10.2022.

Ct.No.28 35.

as/dg (Allowed) C.R.M. (DB) 3562 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khanakul P. S. Case No.179 of 2021 dated 04.05.2021 under Sections 147/148/448/302/354(B)/427/379/506 of the Indian Penal Code and Sections 3 / 4 of the Explosive Substance Act. In the matter of : Sk. Chand Sha Ahasan @ Chand Sha Ahasan @ Sk. Lalbabu & Ors.

.... Petitioners.

Mr. Nilaldri Sekhar Ghosh, Ms. Srimoyee Mukherjee, Ms. Sompurna Chatterjee, Mr. Sourav Mondal.

...for the Petitioners.

Mr. Rudradipta Nandy, ld. A.P.P., Ms. Sonali Das.

...for the State.

Petitioner No.1 is in custody for 102 days. Petitioner Nos.2 to 8 are in custody for over 70 days. It is submitted coaccuseds have been enlarged on bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Petitioners stand on the same footing with the co-accuseds who have been enlarged on bail.

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

Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to condition that they 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.

In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Supratim Bhattacharya,J.) (Joymalya Bagchi, J.)