Arnab Dam's Appeal for Bail Rejected; Court Cites Grave Charges of Terrorism and Murder in Silda Camp Attack
The Calcutta High Court has refused to suspend the sentence of Arnab Dam, who stands convicted for severe charges including waging war against the state, murder, and terrorism related to the infamous Silda Camp attack. The Division Bench, comprising Justices Arijit Banerjee and Apurba Sinha Ray, emphasized the gravity of the offences and the overwhelming evidence against Dam, thus rejecting his plea for bail pending appeal.
Arnab Dam, representing himself, argued the absence of a Test Identification Parade (TIP) and claimed the conviction was based on unproven allegations and suspicion. He highlighted his compliance with bail conditions during trial and his academic pursuits as a Ph.D. scholar. Dam contended that the trial judge acknowledged the weak nature of evidence against him.
The State Counsel, however, presented a stark contrast, detailing the February 2010 attack where Dam, alongside 70-80 others from the banned CPIML (Marxist) group, allegedly stormed the Silda Camp, resulting in the death of 24 Eastern Frontier Rifle personnel. The attack involved sophisticated weaponry and was aimed at waging war against the State, the counsel argued.
Key testimonies from prosecution witnesses, including injured camp personnel and independent witnesses, identified Dam as a participant in the attack. Witnesses described the violent assault and looting of arms, underscoring Dam's role as a leader within the banned extremist organization.
The court reiterated the seriousness of the charges under multiple sections of the Indian Penal Code, Unlawful Activities (Prevention) Act, Explosive Substances Act, and Arms Act, which include provisions for life imprisonment and even the death penalty. The bench stressed that the absence of a TIP was not detrimental to the prosecution, given credible dock identification by witnesses.
In dismissing the application for suspension of sentence, the bench noted that there was no undue delay in processing Dam's appeal, filed in 2024, thus dismissing his claims under Article 21 of the Constitution regarding the right to a speedy trial. The court ensured that Dam would be provided reasonable facilities to continue his research work from the correctional home, respecting his status as a Ph.D. scholar.
The judgment concludes with a clarification that observations made during this decision are prima facie and should not influence the forthcoming appeal hearings.
Bottom line:-
Suspension of sentence denied to petitioner convicted under serious charges, including waging war against the State, murder, and terrorist acts, citing prima facie incriminating evidence, exceptional gravity of offences, and identification by injured and independent witnesses.
Statutory provision(s): Indian Penal Code, 1860 Sections 121, 121A, 122, 302, 120B; Unlawful Activities (Prevention) Act, 1967 Sections 16(1)(a), 18, 20, 38, 39; Explosive Substances Act, 1908 Sections 3, 4; Arms Act, 1959 Sections 25(1AA), 27(3); Constitution of India, 1950 Article 21
Arnab Dam v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2896655
