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ALTAMAS KABIR, GYAN SUDHA MISRA
Susanta Ghosh – Appellant
Versus
State of West Bengal – Respondent
Key Points: - Appellant, an elected MLA, sought bail under Cr.P.C. Section 439 in connection with multiple FIRs and Arms Act/IPC charges; High Court rejected; Apex Court allowed bail with conditions. (!) (!) (!) - Supreme Court reaffirmed bail parameters: likelihood of absconsion, tampering with evidence, and tampering with witnesses or investigation; noted tampering is less relevant post charge-sheet; absconsion remote for sitting MLA; conditions may be imposed to secure presence. (!) (!) (!) - Court held that even with delay in FIRs and initial non-involvement in earlier FIRs, bail could be granted subject to conditions to ensure presence during trial. (!) (!) (!) - Bail allowed with specific conditions: restrict movement within district except assembly constituency, report to police monthly, and ensure presence at all stages of trial. (!) - Appeal disposed of with direction to release on bail by Trial Court upon conditions. (!)
ORDER
Altamas Kabir, J.
1. Leave granted.
2. This Appeal is directed against the judgment and order dated 29th September, 2011, passed by the Division Bench of the Calcutta High Court in C.R.M. No.7982 of 2011, which was an application for grant of bail under Section 439 of the Criminal Procedure Code, hereinafter referred to as “Cr.P.C.”, in connection with Anandapur Police Station Case No.36 of 2011, dated 6th June, 2011, under Sections 147, 148, 149, 448, 326, 307, 302, 506, 201 and 120-B of the Indian Penal Code read with Sections 25 and 27 of the Arms Act, corresponding to G.R. Case No.1364 of 2011, pending before the learned Chief Judicial Magistrate, Paschim Medinipur. The Appellant had moved the High Court for bail against the order dated 20th August, 2011, passed by the Chief Judicial Magistrate, Paschim Medinipur, rejecting his prayer for bail and remanding him to jail custody.
3. The Appellant is an elected Member of the West Bengal Legislative Assembly. His prayer for bail is based mainly on the ground that on account of political vendetta he has been named as an accused in a First Information Report which was lodged on 5th June, 2011, in respect of an incident which o
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