Sariful Sk @ Sher Mahammad Sk v. State Of West Bengal And ANR
13.02.2025 Serial no. 78 list dt.12.2.2025 Or Supp. List-30) [Dd] (Bail allowed) CRM (DB) 3747 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Ketugram Police Station Case No.
of dated 05.06.2022 under Sections 498A/406/120B/326/307/34 of the IPC.(GR case no. 593 of 2022) -AndIn the matter of : Sariful Sk @ Sher Mahammad Sk ... ... Petitioner Mr. Soumik Ganguly, Mr. Debapratim Guha, Mr. Diptendu Banerjee, Ms. Anchita Sarkar, Advocate ... ... For the Petitioners Mr. Siladitya Banerjee, Ms. Pritha Pal, Advocates ... ...For the State
1. Petitioner renews the prayer for grant of bail.
2. Learned advocate appearing for the petitioner submits that, police filed charge sheet. There is hardly any possibility of the trial ending any time soon.
3. Learned advocate appearing for the State submits that the co-accused who was granted bail is presently absconding. Therefore, trial cannot commence.
4. Absconsion of one of the co-accuseds need not hold up a trial where trial can be split up.
5. Court is informed that the trial was split up by the jurisdictional Court.
6. Police filed charge sheet.
7. Petitioner before us is the husband.
Signed By :
DEBABRATA DAS High Court of Calcutta 13 th of February 2025 05:48:28 PM
8. Considering the nature of the crime, involvement of the petitioner therein, the period of custody and the fact that police filed charge sheet, we grant bail to the petitioner.
9. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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, Katwa subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
10. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.
11. The prayer for bail of the petitioner is allowed.
12. CRM (DB) 3747 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
DEBABRATA DAS High Court of Calcutta 13 th of February 2025 05:48:28 PM