Calcutta High Court (Appellete Side)
Jahangir Mastan & Anr vs Unknown on 18 May, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
18.05.2023 5 Ct. No. 29 CHC Rejected C.R.M.(A) 2024 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 1059 of 2022 dated 20.11.2022 under Sections 341/323/325/308/506/34 of the Indian Penal Code.
And In the matter of : Jahangir Mastan & anr.
...... petitioners Mr. Suman De ....for the petitioners Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Partha Pratim Das, Ms. Eshita Dutta ....for the State There is a counter police complaint. An incident of assault took place where the injured suffered scalp injury. The injury report also speaks of bite mark on the right arm. In the statement of the injured, the petitioners stand implicated in the assault. Petitioner no.2 stands implicated in inflicting the bite mark on the right arm of the injured.
Learned advocate appearing for the petitioners draws attention of the Court to the injury report suffered by one of the petitioners.
The injury report of one Rizwan Asif shows that such injured suffered bite on the forehead and right arm. 2 Apparently, an incident of assault took place. Injuries sustained during such incident suggest that two injured persons at least suffered human bite marks.
Enlarging any of the petitioners, involved in such an incident is likely to send wrong signal to the society.
In such circumstances, we are unable to grant anticipatory bail to the petitioners.
CRM (A) 2024 of 2023 is rejected.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)