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Calcutta High CourtCRM (DB)/4355/2023allowed

Mujid Sardar @ Mujid @ Moni v. State Of West Bengal

2023-12-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

18.12.2023 b.das Ct.No. 28 C.R.M. (DB) 4355 of 2023 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tamluk P.S case no. 699 of 2016 dated 25.09.2016 under sections 395/397/412 of the Indian Penal Code.

and Allowed In Re : Mujid Sardar @ Mujid @ Moni ... petitioner Mr. Gouranga Kr. Das Ms. Paulami Dutta ...... for the petitioner.

Ms. Z. N. Khan Md. Kutubuddin ...... for the State 1.

Heard learned Advocates for the parties.

2.

Learned lawyer for the State opposes the bail prayer. 3.

The petitioner is in custody for more than 7 years. Offences even if proved would not attract mandatory life imprisonment. Co-accused is on bail. Hence, petitioner may be granted same relief.

4.

Accordingly, the petitioner 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 CJM, Purba Medinipur on condition that while on bail the petitioner shall remain within the jurisdiction of Tamluk P.S. until further orders except for the purpose of attending court proceeding and shall report to the Officer-inCharge of the Tamluk P.S. once in a week until further orders. The petitioner shall appear before the trial court on every date

of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5.

In the event petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)