LAWS(CAL)-2012-5-138

IN RE: JAKIR KHAN @ JAKER Vs. STATE

Decided On May 14, 2012
In Re: Jakir Khan @ Jaker Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS accused, namely, Jakir Khan alias Jaker, son of Ajij Khan, was arrested by D.R.B.T. Cell, C.I.D., West Bengal on the requisition of the Investigating Officer, Shri Sushil Ingale of Worli Police Station, Mumbai, in connection with Worli Police Station Case No. 203 of 2011 dated 12.07.2011 under Sections 380/420 of the Indian Penal Code. It appears that Inspector Ingale of Worli Police Station had given one written requisition to the Special Superintendent of Police, C.I.D., West Bengal to trace out and effect arrest of the accused in connection with the abovementioned case. On requisition, Jakir was arrested by D.R.B.T. Cell, C.I.D., West Bengal on 04.04.2012. His arrest was informed to the Worli Police Station, Mumbai. He was produced before the learned Additional Chief Judicial Magistrate, Chandannagore, on 05.05.2012 and remanded to Judicial Custody. On 07.05.2012, one S.I. of Worli Police Station appeared before the learned Additional Chief Judicial Magistrate, Chandannagore and prayed for passing necessary order of Transit Remand of the accused Jakir Khan with a view to produce him before the learned Metropolitan Magistrate at Mumbai. On 07.05.2012 the learned Additional Chief Judicial Magistrate, Chandannagore directed the said S.I. of Worli Police Station to appear before the Court together with the accused Jakir Khan. Heard Mr. Satpathi, learned advocate for the petitioner. Mr. Satpathi prays for interim order of bail so that Jakir Khan may appear in the Court of Worli at Mumbai.

(2.) MR . Ghose, learned advocate for the State of West Bengal, vehemently opposes the prayer for bail and submits that he should not be granted bail as he is required in the case of Worli Police Station at Mumbai and to be produced before the learned Metropolitan Magistrate, Court No. 29 at Mumbai.

(3.) TAKING everything into consideration, I think that it would be proper and wise to hand over the accused, Jakir Khan to the Inspector Sushil Ingale of Worli Police Station, Mumbai so that he can take him to Mumbai and produce him before the learned Metropolitan Magistrate, Court No. 29 as early as possible. The learned Additional Chief Judicial Magistrate, Chandannagore is to pass an order in this tune on receipt a copy of this order. Accordingly, the prayer for bail is rejected. The learned Additional Chief Judicial Magistrate, Chandannagore must see that adequate police force is given to Mr. Ingale on the transit.