Single judge court granted bail to the petitioner under Section 439 CrPC. Despite prior absconding, the court noted the charge sheet was filed and co-accused were granted bail. Bail was ordered with a bond and sureties.
Petitioner released on bail with fixed bond and two sureties, one local, before the Chief Judicial Magistrate, Raiganj.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
23.09.2021 Serial no. 01 Dd
(Through Video Conference)
CRM 5817 of 2021
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 26th August, 2021 in connection with Itahar Police Station Case No . 166 of 2015 dated 24.05.2015 under Sections 395/ 397/ 412/ 419 of the Indian Penal Code arising out of G. R. 960 of 2015 .
-And-
In the matter of : Manirul @ Manirul Islam …Petitioner
Mr. Anindya Ghosh, Advocate
… … For the Petitioner
Mr. Rudradipta Nandy, Advocate … …For the State
Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the petitioner is on the same footing as that of other coaccused who were granted bail. He draws the attention of the court to the fact that the police submitted chare sheet and that the petitioner is in custody in excess 233 days. He also submits that the petitioner was not identified in the TI Parade.
Learned advocate appearing for the State submits that the petitioner cannot be said to be on the same footing as that of the other co-accused who were granted bail. He submits that the petitioner was absconding for a considerable period of time. A warrant of arrest was issued against the petitioner. He was declared as absconder.
Considering the fact and circumstances of the present case and considering that the police submitted charge sheet and that four other co-accused were granted bail and that the
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petitioner is in custody for 233 days, 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 Chief Judicial Magistrate, Raiganj, Uttar Dinajpur 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.
In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.
The prayer for bail is allowed .
CRM 5817 of 2021 is disposed of .
(Debangsu Basak, J.)
(Ananda Kumar Mukherjee, J.)
2 issues framed by the court
Whether bail ought to be granted to the petitioner who was in custody for 233 days and released on bail for coaccused.
Whether the petitioner's prior absconding and warrant of issuance precludes grant of bail.
2 provisions across 2 enactments
Manirul @ Manirul Islam
State
Debangsu Basak
Ananda Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
