Md. Safikul Sekh & Ors vs State

Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court.

Subject to such undertaking, the application is taken up for hearing through video conferencing.

The application being C.R.A.N.2162 of 2020 is disposed of.

Learned Counsel appearing for the petitioners submit that his clients are in custody for 7/8 years in all.

There is little possibility of the trial concluding in the near future.

Learned Public Prosecutor seeks time to produce case diary. He submits that trial has considerably progressed and the offences are grave. The petitioners and other accused persons had absconded and not co-operated with trial.

We have considered the materials on record. Initially, the petitioners were in custody for some time. Thereafter, they were released on bail. Subsequently, their bail was cancelled and they had been taken into custody around 2016. Since then, they are in custody and have already suffered incarceration for around 7/8 years in all. Although, some witnesses have been examined there is little possibility of trial concluding in the near future. In view of gravity of the offence, we are of the view that the matter requires to be finally disposed of upon consideration of the case diary.

However, keeping in mind the protracted period of detention already suffered by the petitioners, as aforesaid and as there is little possibility of commencement of trial in the near future, we are inclined to grant interim bail to the petitioners.

Accordingly, the petitioners be released on interim bail upon furnishing a bond of Rs.50,000/- (Rupees Fifty thousand only) each with two sureties of Rs.25,000/- each, one of whom must be local, to the satisfaction of the learned appropriate trial court, subject to the condition that the said petitioners, while on bail, shall remain within the jurisdiction of Haroa Police Station except for the purpose of attending Court proceeding and shall report to the officer-in-charge of the Haroa Police Station once in a week until further orders and they shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. The interim bail shall continue for a period of three months or until further orders, whichever is earlier.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

Let this matter appear under the same heading two months hence. Case diary be produced on that day.

Learned Court below as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court.