The Court granted bail to two petitioners accused under multiple sections of the Indian Penal Code, who had been in custody for eight years with most prosecution witnesses examined.
Petitioners released on bail with bond of Rs. 10,000 each and two sureties of like amount each.
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13.01.2023 27 sdas allowed
CRM(DB) No. 18 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Indpur Police Station Case No. 70 of 2014 dated 05.10.2014 under Sections 302/201/34 of the Indian Penal Code and charge-sheet submitted under Sections 302/201/120B/34 of the Indian Penal Code.
And In Re : Bapi Paramanik & Anr. ...… petitioners
Mr. Arkaprabho Roy ..…for the petitioners
Mr. Rudradipta Nandy, learned APP Ms. Sonali Das Mr. Subrata Roy ….. for the State
Learned Counsel appearing for the petitioners submits they are in custody for eight years. It is also submitted there is inordinate delay in trial. They pray for bail.
Learned Counsel appearing for the State opposes the prayer for bail and submits report. Report is placed on record. It is contended most of the prosecution witnesses have been examined.
We have considered the materials on record. Allegations against the petitioners are grave but they have suffered incarceration for more than eight years. Most of the witnesses are examined. Medical and official witnesses are yet to be examined. In view of the aforesaid circumstances we are inclined to grant bail to them.
2
Accordingly, we direct that the petitioners viz. 1) Bapi Paramanik and 2) Dhananjay Paramanik shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Khatra, Bankura, subject to conditions that petitioners 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.
In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to the petitioners after they have been in custody for eight years regarding a serious criminal charge.
What conditions must be imposed on the bail granted if the petitioners are released.
Whether the High Court can direct the trial court to cancel bail if the petitioners fail to appear.
2 provisions across 2 enactments
Bapi Paramanik
Dhananjay Paramanik
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
