Thereafter, on the same day, the police filed a forwarding report in the said companyrt, inter alia, requesting for holding of a Test Identification Parade T.I.P. of the accused.
1 in this appeal hereinafter referred to as the accused , under Section 439 of the Code of Criminal Procedure, 1973 for short the Code .
138 of 2009 under Section 302 IPC was filed against the accused before the Additional Chief Judicial Magistrate.
Having failed to secure bail from the Sessions Court, the accused preferred a bail application, being C.R.M. No.
272 of 2010 before the High Court under Section 439 of the Code.
The accused was arrested on 13th July, 2009 and produced before the Additional Chief Judicial Magistrate who remanded him to judicial custody.
Hence the present appeal by the companyplainant.
Very briefly stated the facts material for the adjudication of this appeal can be stated thus Ms. Mallika Sen, a 57 years old widow was found strangulated at her residence on 2nd July, 2009.
K. JAIN, J. Leave granted.
This appeal, by special leave, is directed against order dated 11 th January, 2010 passed by the High Court of Calcutta in C.R.M. No.
272 of 2010, granting regular bail to respondent No.
On 7th October, 2009, charge sheet No.
The accused filed several bail applications before the Additional Chief Judicial Magistrate which were all dismissed vide orders dated 7th September, 2009, 16th September, 2009 and 19th September, 2009.
The accused is facing trial for an offence punishable under Section 302 of the Indian Penal Code, 1860 for short IPC for allegedly companymitting the murder of one Ms. Mallika Sen. Respondent No.2 is the State of West Bengal.
However, in the second T.I.P., the accused was duly identified by the aforesaid witness.
As stated above, by the impugned order, the High Court allowed the application, and granted bail to the accused by a short order, observing thus Having regard to the nature of the alleged crime, we do number think that interest of investigation requires or sic justifies further detention of the present petitioner at this stage.
