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Penal Code vs In Re:- Mafikul Islam on 1 September, 2017


17 1.9.2017

C.R.M. No.8242 of 2017

Re: An application for bail under Section 439 Cr.P.C. affirmed on 21.8.2017 in connection with
Doulatabad Police Station Case No.150/2015 dated 18.9.2015 under Sections 302/498A/34 of the Indian
Penal Code.

– And –

In re:- Mafikul Islam …. Petitioner.

Ms. Sreyashee Biswas,
Mr. Snehashish Pal … For the petitioner.

Mr. Saswata Gopal Mukherjee, P.P.,
Mrs. Amita Gaur …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for 248 days and investigation is

over and charge sheet has already been submitted.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that out of five chargesheeted co-accused persons, bail was

granted in favour of the two co-accused persons by the learned court

below. It is also submitted by her that after taking into consideration the

above fact as also on perusal of the materials in the case diary, bail has

also been granted in favour of another co-accused person by a Co-

ordinate Bench of this Court by an order dated June 20, 2016 in

connection with CRM No.4679 of 2016.

After perusing the materials on record and also taking into

consideration the observation made by the learned court below while

granting bail in favour of the two other co-accused persons, namely,

Sadikul Islam and Sajeda Bibi, we find that the petitioner stands on the

same footing with them so far as the role attributed in the commission of

the offence, is concerned.

In view of the above, we are inclined to grant bail to the petitioner.

Accordingly, we allow the petitioner’s prayer for bail.

The petitioner be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of like amount, one of whom must be

local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Berhampore, Murshidabad.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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