This revisional application is hereby disposed of directing the learned Court below to accept a deposit of Rs. 10,000/- as cash by a local person submitting valid documents of his local residence. On depositing of said cash by local person as stated above, learned Court below should accept the same as a valid local surety as per rule.
Calcutta High Court
(Appellete Side)
Taukir Alam vs The State Of West Bengal on
CRR No. 4184 of 2013
DATE: 13 March, 2014
Mr. K. J. Tiwari, Mr. Prantik Ghosh, Mr. T. J. Tiwari ….. For the Petitioner.
Mr. Manjit Singh, Ms. Rituparna De ….. For the State.
Tarun Kumar Gupta [ J ]
In the matter of : An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.
The petitioner-accused has challenged order dated 3rd December, 2013 passed by the learned Chief Judicial Magistrate, Barasat, 24-Parganas (North) in connection with SC No. 77(6) 2004/ST No. 6(9) 2004 arising out of South Bidhannagar Police Station Case No.12 dated 20th January, 2004 under Sections 302/34 and 120(B)/201/34 and 364(A)/34 of the Indian Penal Code.
It is the case of the petitioner that he was granted bail by the Hon’ble Division Bench of this Court in CRA No. 259 of 2008 with CRAN 165 of 2013 vide order dated 3rd October, 2013. As per said order, the petitioner-accused was released on bail to the satisfaction of the learned Chief Judicial Magistrate In-charge, 24-Parganas (North) on furnishing a Bond of Rs. 10,000/- with two sureties of the like amount each, one of which must be local surety.
It is submitted that by the order impugned dated 3rd December, 2013, learned lower Court rejected the local surety who was willing to deposit five years NSC certificate of Rs. 1,000/- each. It is submitted that it is not possible for the petitioner-accused to arrange a local person having landed properties and that any local person with proof of his residence in the locality and willing to stand surety for the petitioner- accused by depositing an amount of Rs. 10,000/- may be accepted as a qualified and valid local surety.
Mr. Singh, learned Public Prosecutor appearing for the opposite party/State submits that if the local surety along with proof of his local residence deposit in Court Rs. 10,000/- in cash as a local surety then the opposite party/State has no objection.
Learned advocate for the petitioner has agreed to said proposal.
Accordingly, this revisional application is hereby disposed of directing the learned Court below to accept a deposit of Rs. 10,000/- as cash by a local person submitting valid documents of his local residence. On depositing of said cash by local person as stated above, learned Court below should accept the same as a valid local surety as per rule. The NSC certificates already deposited may be returned on demand after proper identification.
Criminal Section is directed to supply urgent Photostat certified copy of this order to the petitioner, if applied for, upon compliance of all necessary formalities.
( Tarun Kumar Gupta, J. )