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2025 DAILYLAW 17889 (CAL)

SAROTHI SARDAR @ SARATHI MUKHERJEE @ JHARNA v. STATE OF WEST BENGAL AND ANR

CRM(M)/16/2025 · 2025-04-08

Bivas Pattanayak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.04.2025 Item No.22 Ct.No.34 rc. Allowed C.R.M. (M) 16 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Burtola Police Station Case No. 12 of 2016 dated 11.01.2016. And In Re : Sarothi Sardar @ Sarathi Mukherjee @ Jharna ... Petitioner. Mr. Sandipan Ganguly Mr. Arkadeb Bhattacharya ... for the Petitioner. Mr. Madhusudan Sur Ms. Baisakhi Chatterjee ... For the State. Heard learned counsels for the parties. The petitioner seeks parity with co-accused, Subhasish Mukherjee who was granted bail by this Court by an order passed on March 10, 2025. The petitioner is in custody for more than 9 years. Evidence has been concluded and the case is waiting for hearing arguments. Learned counsel for the State opposes the prayer. I have considered the material on record as well as order granting bail to the co-accused. Without going into the merits of the case, this Court is of the view that since the petitioner is in custody for more than 9 years and trial is on the verge of the conclusion, further detention of the petitioner is not required and he may be granted bail solely on the ground of her prolonged incarceration. 2 Accordingly, prayer for bail is allowed. The petitioner, Sarothi Sardar @ Sarathi Mukherjee @ Jharna, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Calcutta, subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not leave the jurisdiction of Burtola Police Station till completion of trial. She shall furnish the address where she shall presently reside before the learned trial Court and the Investigating Officer. She shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with any of the conditions stated above, the learned trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. Case Diary be returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)