Allowed

Sagar Ghosh v. State of West Bengal

Calcutta HC18 Dec 2020CRM/10528/2020

Case brief

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What is this about?

This has been a bail application under CrPC Section 439. The High Court, considering the long period of detention and delay in trial, granted bail subject to strict conditions including bond furnishing, sureties, curfew movement, and non-intimidation of witnesses.

What did the court decide?

Release on bail with a bond of Rs. 10,000/- and two sureties subject to strict conditions including curfew and reporting.

Sagar Ghosh Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2020)

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51 18.12.2020 rkd Ct. No.28 (Allowed)

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C.R.M. 10528 of 2020 (Through Video Conference)

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In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhubulia P.S. Case No. 30 of 2016 dated 25/01/2016 under Sections 398/326/307/34 of the Indian Penal Code and under Sections 27 of the Arms Act and under Sections 3/4 of the E. S. Act.

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And

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In the matter of: Sagar Ghosh ….petitioner. Mr. P. Majumder …for the petitioner. Mr. S. Banerjee, Ms. P. Ghosh

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…for the petitioner. …for the State.

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Petitioner is in custody for about five years. It is further submitted that there is little possibility of the trial concluding in the near future.

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Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that petitioner fired at the victim with an intention to murder. Victim suffered gun shot injury.

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We have considered the materials on record. Allegations against the petitioner are grave. However, in view of the period of detention suffered by the petitioner and as there is little possibility of the trial concluding in the near future, we are inclined to grant bail to the petitioner, however, subject to strict restrictions.

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Accordingly, the petitioner is directed to 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, Krishnagar,

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Nadia subject to the condition that during bail he shall appear before the learned trial court regularly and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that he shall remain within the jurisdiction of Krishnagar P.S. except for attending the court proceedings and shall provide the address where he shall presently reside to the investigating officer as well as the court below and shall report to the Officer-in-charge of concerned Police Station once in a week until further orders.

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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 any further reference to this Court.

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The application for bail is, thus, disposed of.

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(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

Sagar Ghosh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sagar Ghosh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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