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2013 DIGILAW 529 (CAL)

Sanjib @ Santu @ Sandip Maity v. STATE OF WEST BENGAL

2013-07-31

ASIM KUMAR RAY, JAYANTA KUMAR BISWAS

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Judgment :- Jayanta Kumar Biswas, J. The petitioner accused of offences under ss.395/397 IPC and in custody from March 14, 2013 is seeking bail under s.439 CrPC. The court below has refused bail on June 25, 2013 saying that the case is triable by a court of session. It noted that charge-sheet had been submitted. Mr. Chatterjee appearing for the petitioner has submitted as follows. The petitioner is the local secretary of Khejuri Local Committee of Democratic Youth Federation of India, a youth wing of the Communist Party of India (Marxist). Fabricating a false case, the police took him to custody on March 12, 2013. Then he was formally shown arrested on March 14, 2013. It is a politically motivated case. Mr. Public Prosecutor has opposed bail referring to the case diary materials and saying that the petitioner was identified by the victim in TI parade, and that a numberless motorbike used for disposing of the stolen articles was seized from the petitioner’s possession. He has further pointed out that out of eight charge-sheeted accused six are in custody. We have closely examined the case diary materials, especially the TI parade sheet that reveals that the officer in charge informed the MLA concerned about the arrest from a bus stand. The written information leading to registration of the FIR reveals that the dacoits declaring their identity asked the de facto complainant and members of his family to open door and then without waiting they entered the house (no allegation of door breaking). The case diary materials reveal a disjointed case. Hence though the allegations are very serious, we are of the view that it is a fit case for bail. It is to be noted that while in custody in connection with this case the petitioner was shown arrested in connection with another dacoity case, and that this court granted the petitioner bail in that case on July 11, 2013. On the facts, the allegation that the case is politically motivated cannot be brushed aside. For these reasons, we allow the CRM and direct that the petitioner shall be released on bail on a Rs. 10,000 bond with two sureties (one local) of Rs. 5,000 each – all to the satisfaction of CJM, Purba Medinipur.