Atiar Rahaman Laskar v. State Of West Bengal
22.09.2020 b.das CRM 6638 of 2020 IA No. CRAN/1/2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sonarpur P.S. Case No.571 of 2017 dated 02.04.2017 under Sections 395/396/397 of the Indian Penal Code and Sections 25/27/35 of the Arms Act and Section 14 of the Foreigners Act and Section 3 /4 of the Explosives Act. And In the matter of: Atiar Rahaman Laskar ....Petitioner.
Mr. Angshuman Chakraborty ...for the Petitioner.
Mr. N. Ahmed Ms. Amita Gour ...for the State.
The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The application being IA No. CRAN/1/2020 is disposed of. The petitioner is in custody for more than three years and he had not been sent up for T.I. parade and has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail and submits that the petitioner is the owner of the vehicle which was used for dacoity.
Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and in view
of the protracted period of detention suffered by him, we are inclined to grant bail to the petitioner.
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 A.C.J.M., Baruipur, South 24 Parganas subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not leave the jurisdiction of Basanti P.S. until further orders except for the purposes of attending court proceedings and shall report to the office in charge of the concerned P.S. within whose jurisdiction he shall presently reside once in a week until further orders.
In the event the petitioner fail to appear before the trial court without 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, accordingly, allowed. CRM 6638 of 2020 is disposed of.
The parties shall act in terms of the copy of the order downloaded from the official website of this Court.
(Kausik Chanda, J.) (Joymalya Bagchi, J.)