Calcutta High Court (Appellete Side)
An Application Under Section 438 Read ... vs In Re: Chittaranjan Prodhan And Another on 15 June, 2016
Author: Patherya
Bench: Patherya
1 15.06.201650
m.d.
Rejected C.R.M. 3109 of 2016 In the matter of: An application under Section 438 read with Section 482 of the Code of Criminal Procedure filed on 22.4.2016 in connection with Nandigram Police Station Case No. 407 of 2015 dated 02.10.2015, under Sections 498A/304B/302/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
And In Re: Chittaranjan Prodhan and another ...Petitioners Mr. D. Chatterjee, Mr. Asit Nayek ... for the petitioners Mr. Saibal Bapuli, Mr. Arijit Ganguly ... for the State The petitioners, apprehending arrest, in connection with Nandigram Police Station Case No. 407 of 2015 dated 02.10.2015, under Sections 498A/304B/302/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, have filed this application under Section 438 of the Code of Criminal Procedure.
Learned Advocate for the petitioners submits that Charge sheet in this case has been submitted Section 304 IPC instead of Section 302 IPC and two other persons have been granted 2 anticipatory bail in the meantime. Learned Advocate further submits that in that view of the change of circumstances the petitioners may be released on bail.
Learned Advocate for the State submits that on earlier occasion the prayer for anticipatory bail was rejected by this Court in CRM No. 11217 of 2015 by order dated 3.12.2015.
Having considered the submissions of the learned Advocates of both the parties, we are of considered view that filing of Charge sheet under Section 304B IPC cannot be interpreted to be change in circumstances so as to entertain this application, being second in point of time.
Thus, the prayer for anticipatory bail is, thus, rejected and the application is dismissed.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J.) (Debi Prosad Dey,J.) 3