BIMAL DIYLI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 407 of the Code of Criminal Procedure the accused persons moved this Court for transfer of G.R. Case No. 2 (1) 2009 from the Court of the learned Additional Chief Judicial Magistrate, Kurseong, to the Court of the learned Chief Judicial Magistrate, Jalpaiguri.

(2.) The transfer has been sought for on the following grounds; The victim of the aforesaid case where the petitioners have been arraigned as accuseds is a supporter of Gorkha Janamukti Morcha. On January 2, 2009, when they were produced before the learned Additional Chief Judicial Magistrate, Kurseong a mob of 800/900, supporters of Gorkha Janamukti Morcha attacked them and mercilessly assaulted the petitioners and abducted one of the accused Nirmal Diyali from the custody of the police and till date he has not been recovered. When police somehow managed to rescue the petitioners and as they sustained severe bleeding injuries were treated at North Bengal Medical Collage and Hospital, Siliguri. Following the aforesaid incident Kurseong Police Station Case No. 6 of 2009 under Sections 147/148/149/ 341/353/186/323/325/326/307/427/506 of the Indian Penal Code, read with Section 3 of P.D.P.P. Act and Kurseong Police Station Case No. 7 of 2009 under Section 364 of the Indian Penal Code was registered against those miscreants. As a result the petitioners reasonably apprehend serious threat to their life and limb, if they have to face their trial at Kurseong.

(3.) Subsequently, when they were granted bail by this Hon'ble High Court on condition of furnishing local surety as nobody from Kurseong was inclined to stand as their local surety, this Hon'ble Court modified the condition by directing instead of local surety they shall be released on bail on furnishing of cash security of Rs. 20,000/-. In the meantime, police has submitted charge- sheet against the petitioners for the self-same offence in connection with the aforesaid case.