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Judgment
Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
The petitioner has been roped for committing offence under Sections 302/34 of the Indian Penal Code along with his son Sahin Sk. who, according to the memo of evidence, is the principal accused.
It is submitted by the learned advocate for the petitioner that the petitioner is in custody for about one year. During this period, investigation is complete and charge sheet has been filed. Therefore, he may be released on bail.
Mr. Banerjee, learned advocate appearing for the State, on the other hand, strenuously urged that the petitioner is the principal accused because the offending weapon was seized from his house during the period when he was in police
custody. However, on perusal of the memo of evidence, it is ascertained that the offending weapon was recovered from the house of accused Sahin Sk., son of Dabir Sk., who is the petitioner herein.
Considering entire materials on record as well as memo of evidence, we are of the view that the petitioner should be enlarged on bail at this stage. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000
(Rupees Ten Thousand only) with one surety to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad with further condition to comply with the provision ofS ection 437(3) of the Code of Criminal
Procedure and on condition that the petitioner shall appear before the learned court below on all future dates of trial.
The application for bail is allowed.