Pappu Makal@Pappu Munda Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

Pappu Makal@Pappu Munda Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah, subject to conditions including remaining outside the jurisdiction of Tangra, Tapsia and Pragati Maidan Police Stations, furnishing address and mobile numbers, appearing on every trial date, not intimidating witnesses or tampering with evidence, and not leaving the country without permission of the learned trial court.

Issue for consideration

Whether the petitioner, who has been in custody for about 7 years 8 months in Tangra P.S. Case No.109 of 2018 while the trial remains incomplete (only 29 of 73 witnesses examined), should be granted bail under Section 483 of the BNSS, 2023.

Court's answer

Bail granted: taking into account the case-diary materials, that the principal accused had been granted bail after about 7 years in custody, that the petitioner has been in custody for more than 7 years, and that more than half of the witnesses are yet to be examined during trial, the Court inclined to grant bail.

Ratio / Principle

Release ordered on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local) before the learned Additional Chief Judicial Magistrate, Sealdah, subject to conditions: residence outside the jurisdiction of Tangra, Tapsia and Pragati Maidan Police Stations; furnishing of residential address to the trial court, investigating officer and concerned Officer-in-Charge; appearance on every hearing date fixed by the trial court; no intimidation of witnesses or tampering with evidence; furnishing of mobile numbers without change without informing the authorities; and no departure from the country without permission of the learned trial court.

Detailed headnote1 paragraphs

Bail — prolonged incarceration — delayed trial. Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tangra P.S. Case No.109 of 2018 dated 11.05.2018 (Sections 120B/302/307/34 IPC, 1860; Section 25 read with Section 27 Arms Act) allowed. Petitioner in custody about 7 years 8 months; only 29 of 73 witnesses examined; defence took several dates for cross-examination and 10 important witnesses remain. Principal accused Bappa Ghosh @ Barka earlier granted bail after about 7 years in custody, with the cancellation order stayed. Balancing these factors with the case diary, bail granted on a bond of Rs.10,000/- with two like sureties (one local) before the learned ACJM, Sealdah, conditioned on residence outside Tangra, Tapsia and Pragati Maidan Police Station jurisdictions, furnishing of address and mobile numbers, attendance on every trial date, abstention from intimidating witnesses or tampering with evidence, and no foreign travel without leave of the trial court.

AD 1 March 5, 2026 Ct. 28 SG CRM 3657 of 2020 CRAN 1 of 2020 (Old No.CRAN 1931 of 2020) Allowed An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tangra P.S. Case No.109 of 2018 dated 11.05.2018 under Sections 120B/302/307/34 of the IPC, 1860 and under Section 25 read with Section 27 of the Arms Act. And In the matter of: Pappu Makal @ Pappu Munda … petitioner Md. Zohaib Rauf Mr. Abdul Zahid … for the petitioner Mr. Arijit Ganguly Ms. Debjani Sahu … for the State

Allowed

Reports filed by the State are taken on record.

Learned counsel for the petitioner submits that the petitioner has been in custody in connection with the instant case for about 7 years 8 months. Out of a total of 73 witnesses, only 29 have been examined till date. The principal accused in this case, viz one Bappa Ghosh @ Barka was granted bail by this Court after being in custody for about 7 years. There was an application filed to cancel his bail, however the order of cancellation has been stayed by this Court.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the case diary and the two reports filed today and submits that although the fatal assault was done by another co-accused, the petitioner, along with

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another, armed with a weapon, was standing guard and was threatening others. Several dates have been taken by the defence to cross-examine certain witnesses. On a few dates, adjournments were also sought. There are 10 other important witnesses yet to be examined.

Considering the above, the other materials available in the case diary, the fact that the principal accused was granted bail after being in custody for about 7 years, the present petitioner is in custody for more than 7 years and that more than half of the witnesses are yet to be examined during trial, I am inclined to grant bail to the petitioner.

The petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah subject to condition that he shall remain outside the jurisdiction of Tangra, Tapsia and Pragati Maidan Police Stations and shall furnish the address where he shall henceforth reside before the learned trial Court, the investigating officer and the Officer-in-Charge of the concerned police station under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial court on every date of hearing fixed by the learned trial court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall also furnish his mobile numbers to the abovementioned authorities and shall not change the same without informing

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them. He shall not leave the country without permission of the learned trial court.

The application for bail is, thus, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)