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Calcutta High CourtCRM (DB)/4180/2022allowed

Jiraul Islam Mondal @ Zahirul v. State Of West Bengal

2022-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.11.2022.

25.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4180 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sinthi P. S. Case No.126 of dated 02.10.2018 under Sections 120B/170/395/397 of the Indian Penal Code.

In the matter of : Jiyarul Islam Mondal @ Zahirul. .... Petitioner.

Mr. Souvik Mitter, Mr. Abhimanyu Banerjee.

...for the Petitioner.

Mr. Neguive Ahamed, ld. A.P.P., Ms. Jonaki Saha.

...for the State.

Petitioner is in custody for more than four years. He submits co-accuseds are on bail. Petitioner renews his prayer for bail. There is little possibility of the trial concluding in the near future.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Coaccuseds have been granted bail. There is little progress in the matter since rejection of bail by this Court. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, 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 Additional Chief Judicial Magistrate, Sealdah,

South 24-Paraganas subject to condition 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.

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.)