Calcutta High Court (Appellete Side)
In Re:- Laxman Roy Alias Sarkar vs Re: An Application For Anticipatory ... on 19 September, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 219 19.9.2016
C.R.M. No. 6339 of 2016 p.d.
In re:- Laxman Roy alias Sarkar .... Petitioner.
-And-
Re: An application for anticipatory bail under Section 438 Cr.P.C. affirmed on 5.8.2016 in connection with Ranaghat Police Station Case No.346/2015 dated 16.7.2015 under Sections 448/307/427/506/34 of the Indian Penal Code.
Ms. Minoti Gomes ... For the petitioner.
Mr. Pradyut Saha ... For the State.
The petitioner, apprehending arrest in connection with Ranaghat Police Station Case No.346/2015 dated 16.7.2015 under Sections 448/307/427/506/34 of the Indian Penal Code, has approached this Court for pre-arrest bail.
We have gone through the case diary.
At the very outset, the learned Counsel for the petitioner submits that the petitioner's prayer for anticipatory bail was earlier rejected on 14th September, 2015 in connection with CRM No.8494 of 2015 and making a false statement in paragraph-1, the petitioner stated that no application for anticipatory bail was earlier moved before this Court, this application for anticipatory bail has been filed. It is further contended that the averment has been made as true to the knowledge of the deponent.
It is urged that appropriate legal action be taken against the petitioner and the deponent for making false statement on oath.
Having regard to above, we direct that a notice be issued calling upon the petitioner and the deponent to show cause as to 2 why they shall not be proceeded under Section 340 of the Code of Criminal Procedure and be prosecuted.
They are directed to be personally present in Court on coming Friday, the 23rd September, 2016.
Office is directed to issue notice immediately upon the petitioner and the deponent.
At the same time, Ms. Minoti Gomes, the learned Counsel appearing on behalf of the petitioner is also directed to ensure their presence on the next date fixed for hearing.
Having regard to the facts as above, the application for anticipatory bail stands rejected.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)