Calcutta High Court (Appellete Side)
Md. Ekhlak @ Md. Eklak vs Unknown on 4 October, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
04.10.2024
Serial no. 9
CT.-35
[G.S.D]
CRA (SB) 160 of 2024
With
CRAN 1 of 2024
In Re: An application under Section 389(1) of the Code of Criminal Procedure; or
Under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023.
AND
In the matter of : Md. Ekhlak @ Md. Eklak
... ... appellant
Mr. Joy Chakraborty
Mr. Sandip Dinda
Mr. Ranjit Malakar
... for the appellant
Ms. Sreyashee Biswas
Ms. Suparna Chatterjee
... for the State
Learned advocate for the appellant submits that the
appellant was on bail throughout the trial and there is no
allegation that, till date, he has misused the liberty granted
to him. The appellant has already served out some period
during the investigation stage and, subsequently, he was
taken into custody after he was declared guilty of the
offences complained of.
Ms. Biswas, learned advocate, appearing for the
State submits that 2 kg of ganja were recovered from the
possession of the present appellant and the learned Special
Court, after having considered the evidence, was pleased to
convict the appellant.
It is reiterated that there is every possibility of the
Judgment and Order of conviction of the learned trial court
being affirmed in this case.
Be that as it may, there is no scope of the appeal
being heard very soon, as the Trial Court Records are yet to
be sent by the learned Special Court.
Having considered the fact that the appellant was
throughout on bail and there is no allegation that he has
misused the liberty, I am inclined to release the
appellant/petitioner on bail.
Accordingly, the prayer for bail in connection with
appeal of the petitioner/appellant is Allowed.
Accordingly, the appellant/petitioner (Md. Ekhlak @
Md. Eklak) is directed to furnish bond of Rs.10,000/- with
two sureties of like amount each, one of whom must be
local, to the satisfaction of the learned Additional District &
Sessions Judge, 4th Court, Alipore/learned CJM, Alipore.
It is clarified that, for the purpose of the present
case, the term 'local surety' will mean Title Deed of the
property of a person/individual within the jurisdiction of the
learned CJM, Aliore.
If on bail, the appellant shall once in a month attend
the learned Special Court and obtain an acknowledgment
from the office of the learned Special Court. In case, there is
any violation of the aforesaid condition, the learned Special
Court is empowered to cancel the bond, which has been
furnished in connection with the present bail being granted
by the Hon'ble High Court.
Accordingly, CRAN 1 of 2024 is Allowed.
Department is directed to take all efforts for sending
reminder to the learned jurisdictional court for sending the
TCR. Paper book(s) be prepared by 2nd week of December,
2024.
List the appeal under the heading 'To Be Mentioned'
on 17th of December, 2024.
Parties to act on a server copy of this order duly
collected from the official website of the Hon'ble High Court,
Calcutta.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties, subject to compliance
with all requisite formalities.
(Tirthankar Ghosh, J.)
