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Judgment
Ajit Singh, C. J. - Mr. P. Katakey, learned counsel for the applicant.
Mr. PN Choudhury, learned Standing Counsel, Central Bureau of Investigation for the respondent.
Heard on I.A. (Criminal) No. 353 of 2016, which is an application for bail and suspension of sentence on behalf of applicant - Md. Jamaluddin Majumder @ Budul Mian.
The applicant along with eight other co-accused persons has been convicted under Section 364A read with Section 120B of the Indian Penal Code and sentenced to imprisonment for life on two counts for committing the murders of Pratul Chandra Deb and Sadhan Nath. He has also been convicted under Section 395/397 and other offences of the Indian Penal Code and sentenced to different terms of imprisonment.
According to prosecution case, on 17.3.2004 the accused persons including the applicant abducted Pratul Chandra Deb and Sadhan Nath for ransom and thereafter killed both of them. There is no eye witness to the incident. The conviction of applicant is based solely on the confessional statement of co-accused Khagendra Chakma and Ranjit Chakma.
During trial, the applicant was directed to be released on bail by a Division Bench of this Court vide order dated 30.5.2008 passed in B.A. No. 2029/2008.
It is argued on behalf of the applicant that his conviction based solely on confession of two Co-accused persons is wholly illegally. It has also been argued that nothing incriminating has been recovered from the applicant to connect him with the alleged crime.
On due consideration of the facts and circumstances of the case, particularly having regard to the fact that conviction of the applicant is based solely on the confessional statement of two Co-accused persons, we deem it proper to grant bail to him. We accordingly direct that if he furnishes two solvent sureties in the sum of Rs.30,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, the execution of sentence passed against him shall remain suspended and he shall be released on bail.
The application is allowed.