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Judgment
S.G. Chattopadhyay, J
[1] Interim bail was granted to the accused by this Court by an order dated 11.10.2022 and the terms of the interim bail having come to end, wife of the accused has further approached this Court seeking release of her husband on regular bail.
[2] R.K. Pur PS case No.2021 RKP 151 under sections 302 and 326 IPC was registered against accused Nur Mohammad Khadim alias Nomad for killing his brother on 01.10.2021 on the basis of the FIR lodged by Jahir Hossein Khadim of Khilpara, Udaipur with the officer in charge of R.K. Pur police station on 01.10.2021 in which the first informant alleged that his father Titu Miah Khadim had a dispute with his brothers over the distribution of their ancestral property. On 01.10.2021, all of them including his father were having a mediation session for settlement of their dispute in presence of their neighbours in the house of Sohrab Ali Khadim, uncle of the informant. In the course of discussion, 53 years’ old Nur Mohammad Khadim, uncle of the informant became excited and stabbed his brother Titu Miah Khadim, father of the informant with a knife. The injured father of the informant was immediately hospitalized where he succumbed to his injuries. Another uncle of the informant also received stab injury when he tried to rescue the father of the informant. The informant was not present at the time of occurrence. Subsequently, he heard everything from his uncle and lodged the written FIR at the police station.
[3] Accused Nur Mohammad Khadim was arrested on 25.05.2022 and he was in custody for about 124 days till 11.10.2022 when he was granted bail for an interim period by this Court by order dated 11.10.2022.
[4] Heard Mr. T.D. Majumder, learned senior advocate appearing for the petitioner along with Mr. T. Halam, learned advocate. Also heard Mr. R. Datta, learned P.P. appearing for the State respondent along with Mr. S. Debnath, learned Addl. P.P.
[5] It is contended by Mr. Datta Majumder, learned senior advocate that no purpose will be served by extending the custody of the accused because investigation is over and trial of the case has commenced and the trial court has fixed calendar for recording evidence of the witnesses from 29.11.2022 to 09.12.2022. Counsel contends that there is no allegation that the accused has ever misused his liberty granted by this Court under the order of interim bail. Counsel, therefore, urges the Court to release the accused on bail so that he can make an effective defence before the trail court during the trial of his case.
[6] Mr. R. Datta, learned P.P. fairly submits that there is no adverse report from the investigating agency against the accused petitioner that he has terrorized any prosecution witness or otherwise misused his liberty granted under the order of interim bail. Learned P.P. submits that if the Court decides to grant him bail or extend the period of his interim bail, certain conditions of bail may be imposed so as to ensure a fair and uninterrupted trial.
[7] Considered the submissions of learned counsel representing the parties. Perused the record.
[8] In view of his prolonged pre-trail detention and the fact that trial of the case has already commenced, accused was granted interim bail under conditions by this Court. Since, there is no report against the accused that he has misused his liberty, this Court is of the considered view that the period of his interim bail may be further extended for 4 (four) weeks under the following conditions:
(i) Accused shall not meet any of the prosecution witnesses and he will not directly or indirectly try to influence any of the prosecution witnesses in the course of trial of the case.
(ii) Accused shall attend the trial court on the appointed dates of hearing as per calendar without fail.
[9] Accused is directed to furnish a bail bond of Rs.50,000/-(Rupees fifty thousand) with one surety of the like amount to the satisfaction of the trial court within 2 (two) days.
[10] List the matter as per roster on expiry of 4 (four) weeks. Learned P.P. will then apprise this Court about the status of the trial.
Communicate this order to the learned trial court.