Sk. Mahibul Islam on 23 April, 2025

Calcutta High Court (Appellete Side)

Penal Code vs In Re : Sk. Mahibul Islam on 23 April, 2025

Author: Suvra Ghosh

Bench: Suvra Ghosh

23.04.2025
Item No.71
Ct.No.34
rc.

Allowed

C.R.M. (DB) 813 of 2025

In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure read with Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Daspur
Police Station Case No. 93 of 2022 dated 09.03.2022 under
Sections 302/201 of the Indian Penal Code adding Sections
379/411/120B of the Indian Penal Code and Charges were
framed under Sections 120B/397/302/201/34 of the Indian
Penal Code.

                                       And

             In Re :         Sk. Mahibul Islam
                                                                   ... Petitioner


             Mr. Soumyajit Das Mahapatra
             Ms. Madhurai Sinha                            ... for the Petitioner

             Ms. Puspita Saha                                  ... For the State

Heard learned counsels for the parties.

The petitioner seeks parity with co-accused Sk.

Shamim Ahammed in so far as the period of detention is

concerned. The co-accused was granted bail after detention

of more than 2 years and 11 months. The petitioner is in

custody for more than 3 years.

Learned counsel for the State produces the Case Diary

and opposes the prayer for bail.

Since the petitioner is similarly circumstanced with

the co-accused on bail in so far as the period of incarceration

is concerned, he is entitled to the same benefit.

Accordingly prayer for bail of the petitioner is allowed.
2

The petitioner Sk. Mahibul Islam, be released on bail

upon furnishing 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 Additional

Chief Judicial Magistrate, Ghatal, Paschim Medinipur

subject to condition that the petitioner shall remain within

the jurisdiction of the Ghatal Police Station and shall appear

before the learned trial Court on every date of hearing. He

shall not intimidate witnesses or tamper with evidence in

any manner whatsoever.

In the event the petitioner fails to comply with any of

the conditions as mentioned above without justifiable cause,

the learned trial Court shall be at liberty to cancel his bail in

accordance with law without further reference to this Court.

The application for bail is, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)