Calcutta High Court (Appellete Side)
Sahin Kadir vs Iunuchh Molla & Ors on 22 April, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
22.04.2024 Item No.351 and 353 Ct. No. 29 CHC C.R.M.(A) 1273 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kashipur Police Station Case No. 277 of 2023 dated 16.06.2023 under Sections 147/148/149/341/302/109/120B of the Indian Penal Code read with Section 9B of the Explosives Act, 1884.
And In the matter of : Sahin Kadir ...... petitioner With C.R.M.(A) 1281 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kashipur Police Station Case No. 277 of 2023 dated 16.06.2023 under Sections 147/148/149/341/302/109/120B of the Indian Penal Code read with Section 9B of the Explosives Act, 1884.
And In the matter of : Iunuchh Molla & ors.
...... petitioners Mr. Firdous Samim, Ms. Gopa Biswas ....for the petitioner in CRM(A) 1273/24 Mrs. Zarin N. Khan, Mr. Soumya Basu Roy Choudhuri ....for the State in CRM(A) 1273/24 Mr. Firdous Samim, Ms. Gopa Biswas ....for the petitioner in CRM(A) 1281/24 Mrs. Anasuya Sinha, Ld. A.P.P. Mr. Kaushik Chandra Gupta ....for the State in CRM(A) 1281/24 Two applications are taken up for analogous consideration as they emanate out of the same police case. Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta
23 rd of April 2024 06:53:35 PM 2 Petitioner, namely, Sahin Kadir in CRM(A) 1273 of 2024 was declared as proclaimed offender and in such circumstances, CRM(A) 1273 of 2024 is dismissed as not maintainable.
Same is the position so far as petitioner no.3, namely, Auliya Hak Molla in CRM(A) 1281 of 2024 and consequently, CRM(A) 1281 of 2024 is dismissed as not maintainable so far as petitioner no.3, namely, Auliya Hak Molla therein is concerned.
So far as the other two petitioners (petitioner no.1, namely, Iunuchh Molla and petitioner no.2, namely, Amir Ali Molla) therein are concerned, we find that, there are materials in the Case Diary implicating each of the petitioners (petitioner no.1, namely, Iunuchh Molla and petitioner no.2, namely, Amir Ali Molla) therein in the incident of death occurring due to gun shot injury.
In such circumstances, we are unable to grant anticipatory bail to the petitioner no.1, namely, Iunuchh Molla and petitioner no.2, namely, Amir Ali Molla in CRM(A) 1281 of 2024.
This application for anticipatory bail in respect of petitioner no.1, namely, Iunuchh Molla and petitioner no.2, namely, Amir Ali Molla in CRM(A) 1281 of 2024 are, thus, rejected.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)