IN RE SK MUNNA ALI Vs. STATE
LAWS(CAL)-2015-10-79
HIGH COURT OF CALCUTTA
Decided on October 28,2015

IN RE: S K MUNNA ALI Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) Heard the learned Counsel appearing on behalf of the parties. Perused the case papers. The petitioners are in custody for about 80 days. It is submitted that charge sheet was filed under sections 323/448/506 of the Indian Penal Code against the petitioners. It is, therefore, submitted that further detention of the petitioners is illegal inasmuch as they are booked under bailable offences.
(2.) Learned Public Prosecutor submitted that investigation is complete and bearing in mind the extent of complicity of the petitioners charge sheet was filed against them under lessor offences.
(3.) Learned lawyer for the defacto complainant opposes the prayer for bail. He submits that the petitioners are named in the FIR and played pivotal role in murder of the victim. Suppressing such fact, the defacto complainant and others have been booked under sections 149/302 of the Indian Penal Code for murder of the victim. He submits that investigation on the face of it appears to be biased and therefore, prayer has been made for re-investigation/further investigation which is pending consideration before this Court in W.P. No. 20633(W) of 2015.;


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