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
– 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. )