AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioners undertake to affirm and stamp the petition/application as per the Rules within a month of resumption of normal functioning of the court.
Subject to such undertaking, the application is taken up through video conference.
This is an incident of mob lynching where the victim died on an allegation that he allegedly committed theft by some people including the present
petitioners.
The learned Advocate for the petitioners has prayed for bail on the ground that charge-sheet has already been submitted against the petitioners. They
are in custody for more than 300 days. Due to Covid pandemic, charge could not be framed at this stage. Pre-trial detention is not necessary. So, he
may be released on bail.
Learned Public Prosecutor-in-Charge, on the other hand, submits that the case diary shows direct involvement of the present petitioners. Offending
weapon was recovered from him. Moreover by filing charge-sheet prima facie case has been established.
We have carefully perused the case diary.
Detention for the purpose of investigation is not necessary at this stage as the same is complete. The trial of the case could not be proceeded with
because of the prevailing situation. Under such circumstances, where everything remains uncertain, we are of the view that further detention of the
present petitioners is not necessary.
Therefore, the petitioners may be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like
amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah with further condition that if on bail,
they shall file an affidavit before the Investigating Officer stating their present residential addresses wherefrom they will not leave without the order of
the competent court during the pendency of the case. The petitioners will further comply with the conditions contained in Section 437(3) of the Code
of Criminal Procedure. In violation of any of the above conditions will entail the instant bail order cancelled without further reference to this Court.
The application for bail is accordingly allowed. CRM 5329 of 2020 and CRAN 3643 of 2020 are allowed.