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2013 DIGILAW 525 (CAL)

Balaram @ Balai Sarkar v. STATE OF WEST BENGAL

2013-07-31

ASIM KUMAR RAY, JAYANTA KUMAR BISWAS

body2013
Judgment :- Jayanta Kumar Biswas, J. The seven petitioners accused of offences under ss.147/148/149/186/353/325 /326/307/394/511/427/332/333/34 IPC and s.3 Prevention of Damage to Public Property Act and in custody from June 11, 2013 (the first – sixth petitioners) and June 21, 2013 (the seventh petitioner) are seeking bail under s.439 CrPC. The court below has refused bail on July 9, 2013 considering the case diary materials and the stage of investigation. We have been informed that out of twenty-five persons named in the FIR, six have been granted anticipatory bail by this court, eleven have been granted bail and one is absconding. Advocate for the petitioners has submitted that the petitioners stand on the same footing as the accused on bail. Correctness of this has not been disputed by advocate for the state. The allegations are serious. The accused attacked police personnel and injured them. The injuries are remarkable. But then, court has granted bail and anticipatory bail to a large number of accused. The FIR was registered on February 19, 2013. The petitioners absconding surrendered only on June 11, 2013 (the first - sixth petitioners) and on June 21, 2013 (the seventh petitioner). Although the case diary materials support the prosecution case against the petitioners and investigation is in progress, we think, on the facts, the petitioners should be given the benefit of rule of parity, but on stringent conditions (because they were absconding). For these reasons, we allow the CRM and direct that the petitioners shall be released on bail on a Rs.20,000 bond (for each) with two sureties (for each) of Rs.10,000 each (one local surety) – all to the satisfaction of ACJM, Tehatta; and that if released, they shall not enter Hogolberia police station jurisdiction except for attending court proceedings, if necessary, and for reporting to the officer in charge of the police station and the investigating officer three times in a week.