Badal Halder v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRM(DB)/6/2022 Badal Halder ... Petitioner Vs.

The State ... Respondent Mr. D.Ilango ... for the appellant Mr. Sumit Karmakar ... for the State August 24, 2022 [SR] Item No.2 This is an application under Section 439 of The Code of Criminal Procedure, 1973.

We have considered the submissions of learned counsel appearing for the petitioner and the prosecution. The relevant facts show that the alleged offence was committed on 2.1.2021 and out of 14 witnesses, only 4 have been examined since date. Of the 4 witnesses, the victim has also given her evidence. The remaining 10 witnesses are mostly seizure witnesses whose evidence can be taken during the trial. We also note that the petitioner has been in custody from 3.1.2021 and supplementary charge sheet has not been filed till date.

Considering the above circumstances, we are of the view that there is no requirement for further custodial interrogation of the petitioner before us.

We also of the view that since the petitioner is a resident of these islands, there is no likelihood of the petitioner escaping the process of trial.

The petitioner shall hence be released on bail. The petitioner shall accordingly furnish a bail bond of Rs.10,000/- with two sureties each of like amount namely Rs.5000/- each and one of whom must be a local subject to the satisfaction of the Chief Judicial Magistrate, Port Blair. The petitioner shall make himself available for the trial whenever the petitioner is called to do so. The petitioner shall also not leave these islands without the prior permission of the trial Court.

The other conditions under section 438(2) of The Code of Criminal Procedure, 1973 shall be complied with by the petitioner.

CRM(DB)/6/2022 is disposed of in terms of the above. ( Moushumi Bhattacharya, J. ) ( Ajoy Kumar Mukherjee, J. )