IN RE: ILLIAS MOLLA @ BOMBHOLA & ORS. Vs. STATE
LAWS(CAL)-2018-9-139
HIGH COURT OF CALCUTTA
Decided on September 19,2018

In Re: Illias Molla @ Bombhola And Ors. Appellant
VERSUS
STATE Respondents

JUDGEMENT

SHIVAKANT PRASAD,J. - (1.) The petitioner has assailed the order dated 10th July, 2018 passed by the Sessions Judge at Burdwan in Criminal Misc. Case No.2208 of 2018 inter alia, on the grounds that the petitioners' prayer for extension of time to surrender before the concerned court having been rejected by the order dated 10th July, 2018 passed in Criminal Misc. Case No.2208 of 2018 amounts to curtailing the life and liberty of the petitioners as the learned court cannot take such liberty of the petitioner to pray for regular bail belatedly because of some unavoidable circumstances which prevented them to approach the court on time.
(2.) The petitioners were arrayed as an accused persons in connection with Galsi P.S. Case No.120 of 2018 dated 27th April, 2018 under Sections 448/354/326/307/506/34 of the IPC who were admitted on anticipatory bail vide order dated 5th June, 2018 in Criminal Misc. Case No.1545 of 2018 by learned Sessions Judge, Burdwan on furnishing bond of Rs. 2,000/- with two sureties of Rs. 1,000/- each, to the satisfaction of arresting authority, on condition that the petitioners shall comply with the usual conditions as laid down in Section 438(2) Cr.P.C., 1973 and further that they shall surrender themselves before the court concerned within 30 days from the date of the order.
(3.) Mr. Ayan Bhattacharya, learned counsel for the petitioners submits that the petitioners failed to comply with the condition by surrendering themselves before the learned court within 30 days from the date of the order and failed to furnish bail bonds to unavoidable circumstances which prevented them to surrender before the concerned court. So, they filed a Criminal Misc. Case No.2208 of 2018 praying for extension of time to surrender before the concerned court in compliance with the order dated 5th June, 2018. But the said Misc. Case was dismissed by declining to extend the time to surrender before the court concerned by the impugned order dated 10th July, 2018 which is now under consideration in this revisional application, thereby taking the liberty of the petitioners to pray for regular bail.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.