Md. Raju vs Md. Tobrej & Others on 26 August, 2015
The Howrah P.S Case No. 86/2013, dated 05.02.2013, is a murder case, filled or registered based on a written application or complaint submitted to the police by the present petitioner Md. Raju on 05.02.2013. The victim of the murder is the brother of the present petitioner. The inquiry began on the same day that is 05.02.2013 on which the case was registered, and most of the witnesses were investigated.
In this case, two different versions of witnesses were examined. The witnesses who were closely related to the victim stated that he was murdered by the accused persons named in the F.I.R. But some other witnesses or the locals stated that the victim was lynched and killed by a local mob. Also, after 05.02.2013, no further improvement was seen in the investigation of this murder case.
By an order dated 05.03.2013, the session Court granted anticipatory bail in C.R.M No. 8191/2013 (in the Criminal Miscellaneous Case No. 306/2013) to five accused/opposite parties.
Moreover, it has been observed that the anticipatory bail was granted on the ground that there was a high chance of the fact that a local mob has killed the victim. However, on 21.03.2013 the High Court subsequently cancelled the anticipatory bail. It was acknowledged that the Howrah session Court granted the anticipatory bail to the accused persons under Section 439 Cr. P.C. It should be noted here that, after a significant period from the cancellation by the High Court of the expected bail and the normal bail thus granted on 5.06.2013 after the detention of the persons accused in custody for around 51 days, the bail thus granted by Section 439 Cr. P.C was issued because no further detention was required for an effective reason.
Most of the inquiry in the case was done at the very beginning stage and no substantial progress or new investigation report was made or submitted to the Court after the inquiry. In the case, the Order of June 06, 2013, granting bail by the Learned session judge, Howrah, to four allegations does not present with any kind of serious illness or perversity.
Furthermore, it was stated by the petitioner’s lawyer that since 6.06.2013, some of the accused are enjoying the bail and the other accused people are enjoying the bail since 8.08.2013, there are no adverse reports from anybody against the accused that they have misused the freedom in any way.
On the other hand, the court stated that in Writ Petition No. 14796 (W) 2013, the issue of protection of the present petitioner and other witnesses was already discussed and addressed. It would not be prudent or fair to take away from the freedom given to the defendants in the light of certain facts and circumstances by the cancellation of the bail given.