Calcutta High Court (Appellete Side)
12311/2013 on 26 September, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 26.09.2013
ad C.R.M 12311 of 2013 In re: Tapan Hazra @ Tapan Kumar Hazra & Ors.
......... petitioners Re: An application under Section 438 Cr.P.C filed on 5th September, 2013, in connection with Sabang Police Station Case No. 112 of 2013 dated 11.07.2013 under Sections 147/148/149/323/325/326/307/506 of the Indian Penal Code, Sections 25/27 of the Arms Act and Section 9B of the Explosives Act. Mr. Rajdeep Mazumder, Mr. Imran Ali ......... For the petitioners Ms. Kakali Chatterjee ......... For the State Heard the learned Counsel appearing on behalf of the parties. It is submitted on behalf of the petitioners that other co- accused persons have been enlarged on pre-arrest bail. It is further submitted that the allegations made in the F.I.R is not supported by the medical evidence.
We have considered the materials in the case diary. We find that principal role is alleged against the petitioners whereas, no specific over act has been attributed so far as other accused persons are concerned who have been granted pre-arrest bail. Hence the petitioners do not stand on the same footing with the said co-accused persons. That apart, medical papers show grievous hurt on the victim.
In view of the prima facie involvement of the petitioners in the alleged assault and the gravity of the offence, we are of the view that it is not a fit case for granting anticipatory bail. We, however, clarify 2 that our observations are made for the purpose of disposal of this application and would not have binding effect at the time of consideration of regular bail of the petitioners.
Prayer for anticipatory bail is rejected.
(Joymalya Bagchi,J.) (Toufique Uddin,J.)