HARISH TANDON, BISWAROOP CHOWDHURY
Ramjan Ali @ Bulet @ Bullet – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.:
1. This is an application under Section 439 of the Code of Civil Procedure filed by the petitioner who is in custody from 28/12/2022 in connection with Mekhliganj P.S. Case. No – 421/2022 dated 22/12/2022 under Section 14 A and 14C of the Foreigners Act 1946 read with Section 11(1)(d) of Prevention of Cruelty to Animals Act 1960 and read with Section 379 and 411 of Indian Penal Code 1860.
2. It is the contention of the petitioner that he is no way connected with the present alleged offences and neither he knew nor had ever met with the other accused persons involved in these alleged offences. It is further contended that the petitioner is languishing in custody for a considerable period of time and the prolonged detention of the petitioner has pushed his family to the brink of ruination both socially and financially. It is also contended by the petitioner that he is a permanent resident of the place mentioned in the cause title and there is no chance to abscond or evade due process of law if released on bail.
3. Heard Learned Advocate for the petitioner and Learned Advocate for the opposite party State of West Bengal, perused the material in the case
Gurcharan Singh v. State (UT of Delhi) [(1978) 1 SCC 118 : 1978 SCC (Cri) 41]
Jayandra Saraswathi Swamigal v. State of T.N. reported in (2005) 2 SCC 13
Kalyan Chandra Sarkar v. Rajesh Ranjan reported in (2004) 7 SCC 528
Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra reported in (2005) 5 SCC 294
State v. Jagjit Singh [(1962) 3 SCR 622 : AIR 1962 SC 253 : (1962) 1 Cri LJ 215]
State of Kerala V Raneef (2011) 1 SCC. 784
State vs. Jagjit Singh reported in AIR 1962 SC 253
Sanjay Chandra v CBI (2012) 1 SCC (Cri) 26: (2012) 1 SCC 40
Hitendra Vishnu Thakur v. State of Maharashtra
Nilanjan Sigh Karam Singh Punjabi, Advocate v. Jitendra Bhimraj Bijjaya
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