Calcutta High Court Grants Bail To Former TMC MLA Arabul Islam Accused In Murder Of ISF Leader

The Calcutta High Court has granted bail to Trinamool Congress (TMC) leader and former MLA Arabul Islam who was accused in the murder of an Indian Secular Front (ISF) leader.

Islam was arrested by the police in February on suspicion of murder and vandalism of government property.

A division bench of Justices Arijit Banerjee and Prasenjit Biswas granted bail to Islam upon imposing several conditions on him.

The complaint against the petitioner was filed when there was a confrontation between him and his supporters and members of the rival political party during the filing of nomination for the 2023 Panchayat Elections.

Background

It was stated that the accused also physically assaulted the police persons who were on duty and hurled bombs at them with the intention to prevent the government servants from discharging their duties as well as with the intention to inflict fatal injuries upon them. In the said incident some of the police personnel who were on duty received injuries as well.

It was further stated that on the said date of the incident one victim namely Mahiuddin Molla received a gunshot injury on his head and succumbed to the same. Thereafter it was found that the death of the victim was due to the effects of the head injury caused by a firearm which was ante mortem and homicidal in nature.

Senior counsel for the petitioner, Islam, stated that he was innocent and had no connection with the crime in question. It was argued that the petitioner had been implicated in the case due to political vendetta.

It was stated that the witnesses in their statements said the same thing without ascribing a specific role to this applicant. It was submitted that to date the applicant had not been convicted in any of the cases pending against him and in most of the cases he was granted bail by the trial court.

It was submitted that there was no possibility of the applicant absconding or tampering with witnesses and if he is granted bail he shall not misuse the same.

Advocate General for the State argued that the applicant was a history sheeter and several criminal cases were pending against him. It was submitted that the innocence of the applicant cannot be adjudged at this pre-trial stage and therefore, he does not deserve any indulgence.

It was further submitted by the Advocate General that there was sufficient incriminating material on record which shows prima facie involvement of the accused petitioner with the alleged offence.

Court's Verdict

Upon hearing the arguments of the parties and perusing the precedent relied on by them, the Court stated that there was no argument by the State that the petitioner may misuse his liberty if he was granted bail. The bench stated:

It is not the case of the State that the applicant might tamper with or otherwise adversely influence the investigation or that he might intimidate witnesses before or during the trial. Admittedly even though charge sheet is filed it is likely to take more time before trial can start. It is not alleged by the State that the applicant has tried to jump the bail in any of the cases where he has been granted bail earlier by the Courts.

It was held that if the accused was otherwise found to be entitled to bail he cannot be denied bail only on the grounds of his criminal history, when no exceptional circumstances on the basis of criminal antecedents had been shown on behalf of the State to deny bail. It was stated that mere criminal antecedents or pending cases against the petitioner could not be used as grounds to deny him bail.

Accordingly, the Court granted bail to the applicant and held that:

The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt

Citation: 2024 LiveLaw (Cal) 153

Case: Arabul Islam vs The State of West Bengal

Case No: C.R.M. (DB) No. 1580 Of 2024

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