Calcutta High Court (Appellete Side)
Hannan Sk @ Mannan Sk & Ors vs The State Of West Bengal on 24 March, 2014
Author: Jayanta Kumar Biswas
Bench: Indrajit Chatterjee, Jayanta Kumar Biswas
In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas and The Hon'ble Mr Justice Indrajit Chatterjee C.R.M. No.2199 of 2014 Hannan Sk @ Mannan Sk & Ors.
-vs-
The State of West Bengal Mr. Md. Anwar Hossain ...for the petitioners Mr. Ashoke Das ...for the State Heard on: March 24, 2014 Order on: March 24, 2014 Jayanta Kumar Biswas, J : The eleven petitioners in the CRM saying that they are apprehending arrest in connection with Raghunathganj P.S. Case No.553 of 2010 dated September 30, 2010 under ss.304/286/429/34 IPC and s.9B Explosives Act are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The FIR does not make out any case against the petitioners. The charge-sheet has been submitted. Police never raided the petitioners' residences for arresting them. The petitioners are the permanent residents of the addresses given in the application. They should be granted anticipatory bail.
Advocate for the State producing the case diary has said that while the statement of the victim's son is at p.5, the statements of the neighbours are at pp.6, 7 and 8. He has said that all the petitioners were named in the FIR, and that the case diary materials reveal the nature of the crime.
We have gone through the statements of the witnesses who have said how the accused in the case planted bombs at a certain place for terrorising the local people and killing grazing buffaloes not liked by them. The planted bomb busted, killed a buffalo and one man. The FIR was registered as back as September 30, 2010 and this CRM is dated February 3, 2014. The charge-sheet was submitted as back as May 31, 2013 showing the petitioners absconders. On these facts, we are of the opinion that none of the petitioners should be granted anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J) (Indrajit Chatterjee, J) sb