The Calcutta High Court on Friday granted bail to Abdul Kalim, also known as Azad, who had been arrested by the Special Task Force of Kolkata Police in 2016 for allegedly being a member of the banned Jamaat-ul-Mujahideen Bangladesh.
Kalim’s lawyer argued that he had been in custody for over eight years, and given the circumstances, there was little chance the trial would conclude in the near future. The state’s lawyer countered that Kalim had previously been convicted in the 2014 Khagragarh blast case, where he received an 8-year sentence.
This blast, which occurred on October 2, 2014, resulted in the deaths of 2 individuals and was linked to the JMB.
Kalim’s lawyer pointed out that the sentence for his earlier conviction had been served and asserted that, if convicted in the current case, he should be eligible for concurrent sentencing.
A division bench, led by Justice Joymalya Bagchi and including Justice Gaurang Kanth, acknowledged the seriousness of the allegations related to Kalim’s membership in a banned organization.
However, they noted that no direct action had been attributed to him, and his involvement was primarily based on uncorroborated statements from a co-accused.
The court concluded that since Kalim had already served his sentence in the previous case, he had the right to seek concurrent sentencing even if convicted in the current matter. Citing the lack of a probable timeline for the trial’s conclusion, the bench granted him bail.
As part of the bail conditions, the court mandated that Kalim provide two sureties of ₹10,000 each. He must remain within the jurisdictions of Kolkata and South 24 Parganas and report weekly to the officer in charge of the state STF.
