Calcutta High Court (Appellete Side)
Sk.Sorhab Ali & Ors vs The State Of West Bengal on 8 April, 2014
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 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 CRM No.2342 of 2014 Sk.Sorhab Ali & Ors.
v.
The State of West Bengal Mr.Tapas Kumar Ghosh Mr.Tanmay Chowdhury .. for the petitioners.
Mr.Sk.Majnu .. for the State. Heard on: 08.04.2014. Order on: 08.04.2014.
Jayanta Kumar Biswas, J.- The nine petitioners in the CRM saying that they are apprehending arrest in connection with Sadaipur P.S.Case No.04 of 2014 dated January 9, 2014 under ss.143/144/341/307 IPC, s.9B Explosives Act and ss.25/27 Arms Act are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The petitioners belong to the same political party as the de facto complainant and his people. The two groups fought between themselves. The petitioners' group instituted a case. As a counterblast to the case the de facto complainant instituted the false case. There is no element of truth in the accusations and there is no material to support the commission of offence under any provision, far less to speak of 2 offence under s.307 IPC or s.9B Explosives Act. Since the falsehood of the case is evident, the petitioners should be granted bail.
Advocate for the State has produced the case diary and referred to the materials therein. He has said that there is, however, no injury report.
The witnesses whose statements are in the case diary have stated with utter disgust how the petitioners and their rival group of the same political party created a reign of terror in the area and how they made it a routine affair to fight between themselves with guns, bombs and other deadly weapons. They have also said that the criminals of both the groups fought with guns, bombs, etc., and that the police failed to check the spread of criminality; for the criminals always found ways to come out. Seizure list shows recovery of bomb materials.
After conclusion of hearing advocate for the petitioners has submitted that if this court is not inclined to grant the petitioners anticipatory bail, then he will not proceed with the CRM. This we cannot permit, because the prayer has been made after conclusion of hearing.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J.) (Indrajit Chatterjee, J.) sm.