Presumption Of Innocence In Favour Of Accused: Calcutta HC Grants Bail To Ex-TMC MLA Arabul Islam In ISF Leader's Murder Case
The Calcutta High Court granted bail to Arabul Islam, former MLA (Member of Legislative Assembly) of TMC (Trinamool Congress) party who was accused in the murder of ISF (Indian Secular Front) leader.
Arabul filed an application before the Court, seeking bail in the criminal case registered against him.
A Division Bench comprising Justice Arijit Banerjee and Justice Prasenjit Biswas observed, “We are not unmindful of the fact that detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Moreover in the case of Prabhakar Tewari the Hon’ble Apex Court observed that the pendency of criminal cases against an accused itself cannot be a basis for refusal of bail. Further the applicant has been in custody for a considerable period of time and charge sheet has already been submitted and there is no hope of early conclusion of trial. Accordingly, without commenting on the merits of the case, we are of the opinion that the applicant is entitled to be enlarged on bail.”
Senior Advocate Y.J. Dastoor appeared on behalf of the petitioner/accused while Advocate General Kishore Datta appeared on behalf of the respondent/State.
Brief Facts -
A criminal case was started based on a suo-motu complaint lodged by the SI of police stating that in June 2023, a huge number of members and supporters of two rival political parties were engaged in a commotion in between themselves at several places on the issue of submitting nomination form for ensuing Panchayat Election, 2023. It was alleged that the members of both the groups formed unlawful assemblies by violating the order under Section 144 of the Criminal Procedure Code (CrPC), prevailing in that area armed with deadly weapons. The said members started committing physical assault upon one another and also set fire on government and private properties. The accused persons also physically assaulted the police persons who were on duty at that time and hurled bombs at them.
Some of the police personnel were injured and due to such an incident, a written complaint was lodged by the complainant under Sections 147, 148, 149, 186, 188, 189, 332, 353, 307, 427, 435, 504, and 506 of the Indian Penal Code (IPC), Section 9 of the West Bengal Maintenance of Public Order Act, 1972, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, Sections 25 and 27 of the Arms Act, 1959 and Sections 3 and 4 of the Explosive Substances Act, 1908 against unknown miscreants for investigation. Section 302 of IPC was subsequently added to this case. Thereafter, a complaint was lodged by man stating his son i.e., one of the leaders of ISF party was attacked by the miscreants under the leadership of the petitioner (accused) by pistol and other weapons and he died on the spot. The petitioner was therefore arrested in this regard in February this year and since then was languishing in custody. Hence, he sought bail before the High Court.
The High Court in view of the facts and circumstances of the case said, “All the decisions of the Hon’ble Apex Court as cited on behalf of the State relate to cancellation of bail order granted by the High Court. The Hon'ble Apex Court has repeatedly held in numerous cases that the parameters for granting bail are altogether distinct from the parameters for cancelling the bail already granted. Rejection of bail in a nonbailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis.”
The Court noted that the petitioner has not abused the liberty of bail granted to him in respect of the other cases and that the State has not quoted any instance to demonstrate that the accused petitioner tampered with or endeavoured to tamper with any witness, meted out any threat to any witness, tried to hide himself or hampered the investigation or the trial of the case.
“The court is mindful of the presumption of innocence in favour of the accused petitioner until proven guilty and the fundamental right to personal liberty enshrined in Article 21 of the Constitution of India”, it added.
Accordingly, the High Court granted bail to the petitioner on executing a bond of Rs. 2 lakhs with two sureties for the like sum to the satisfaction of the Trial Court.
Cause Title- Arabul Islam v. The State of West Bengal
Appearance:
Petitioner: Senior Advocate Y. J. Dastoor, Advocates Phiroze Edulji, Roustavi Mukherjee, Priyanka Bhattacharya, and Soumili Choudhury.
Respondent: Advocate General Kishore Datta, Advocates Rudradipta Nandy and Sanjana Saha.