04.03.2025 Item No.51 Court No.26 CHC (disposed of) CRM (DB) 2777 of 2024 In re : An Application for Bail under Section 439 of the Criminal Procedure Code as amended/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole Police Station Case No. 75/2024 dated 02.02.2024 under Section 394 of the Indian Penal Code and adding Section 302 of the Indian Penal Code with Sections 25(1B)(a)/27/35 of the Arms Act and Charge sheet submitted under Sections 396 of the Indian Penal Code and Sections 25(1B)(a)/27/35 of the Arms Act. -And- In the matter of : Sajiruddin Sarkar @ Bapi @ Habib Khan & Ors. … … Petitioners Mr. Milon Mukherjee, Senior Advocate Mr. Tapodip Gupta, Advocate …… For the petitioners Mr. Anand Kesari, Advocate Mr. Sachit Talukdar, Advocate … …For the State 1. Three petitioners were granted interim bail by the coordinate Bench on December 17, 2024. 2. Report submitted in Court on behalf of the State with regard to the post bail conduct of the three petitioners filed in Court be taken on record. 3. Report dated January 27, 2025 of the State speaks of post bail misconduct so far as the petitioner nos.1 and 3 are concerned. 2 4. We perused such report. 5. So far as the petitioner no.1 is concerned, the misconduct of the petitioner no.1 is in respect of an incident allegedly occurring at the court premises in respect of which, First Information Report inter alia under Section 195A of the Indian Penal Code was registered on December 15, 2024. 6. We find that, petitioner no.1 was granted interim bail by coordinate Bench on December 17, 2024. 7. In view of such time line, strictly, it cannot be said that it is a post bail misconduct. We enquired from the learned advocate for the State as to why such conduct of the petitioner no.1 was not drawn to the attention of the coordinate Bench when the order dated December 17, 2024 was passed granting interim bail. Response of the learned advocate for the State is that, such information was not supplied to the learned advocate for placing before the coordinate Bench. 8. So far as the petitioner no.3 is concerned, subsequent to the order granting interim bail dated December 17, 2024 is concerned, there is a First Information Report against the petitioner no.3 for commission of criminal offences in a different jurisdiction. 9. There is no adverse report so far as petitioner 2 is concerned. 10. In such circumstances, we confirm the interim bail so far as the petitioner 1 and 2 are concerned granted to them on December 17, 2024. So far as petitioner no.3 is concerned we 3 are unable to continue with the interim bail granted to such petitioner no.3 on December 17, 2024. 11. Petitioner no.3, namely, Khoda Box @ Fatik will surrender before the jurisdictional Court forthwith. In the event, petitioner no.3, namely, Khoda Box @ Fatik does not surrender within seven days from date, appropriate proceeding be initiated to secure the custody before the jurisdictional Court. 12. CRM(DB) 2777 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)