Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 307, 326, 395, 397, 412
- Arms Act, 1959 ss. 25, 27
Judgment
Ms. Jeenia Rudra Ms. Megha Chandra Mr. Swapan Banerjee Mr. Ashok Das And … … Petitioner … … for the petitioner … … for the State It is submitted on behalf of the petitioner that he is in custody for about seven years and two months. It is further submitted there is inordinate delay in trial. Co-accused has been enlarged on bail. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Co-accused has been enlarged on bail. Hence, we are inclined to extend the same privilege to the petitioner also. Therefore, the accused/petitioner, namely Abhijit Ray @ Bapan, 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, Burdwan subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders 2 and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
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