Calcutta High Court (Appellete Side)
Hannan Biswas @ Abdul Hannan Biswas vs The State Of West Bengal on 25 March, 2014
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta 1 Criminal Miscellaneous Jurisdiction Appellate Side Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas and The Hon'ble Mr. Justice Indrajit Chatterjee CRM No.2099 of 2014 Hannan Biswas @ Abdul Hannan Biswas v.
The State of West Bengal Mr. Milon Mukherjee Mr. Shamik Chatterjee ...for the petitioner.
Mr. Arijit Gangully ... for the State.
Heard on: March 25, 2014.
Order on: March 25, 2014.
Jayanta Kumar Biswas, J:- The petitioner in the CRM saying that he is apprehending arrest in connection with Thanapara P.S. Case No.205 of 2013 dated September 5, 2013 under ss.147/148/149/325/326/308 IPC (s.304 IPC added subsequently) is seeking bail under s.438 CrPC.
Mr. Mukherjee appearing for the petitioner has submitted as follows. Though bail has been granted to quiet a few accused in the case, anticipatory bail prayer of six accused in the case was rejected by this court. The petitioner's case is that he is not to be treated on same footing as the accused whose anticipatory bail prayer has been rejected.
Mr. Gangully appearing for the State has produced the case diary and submitted as follows. The charge-sheet has been submitted under s.302. The petitioner was named in the FIR and has also been named in the charge-sheet. He is placed identically with the six accused whose anticipatory bail prayer was rejected by this court. His complicity will be evident from the materials in the case diary.2
The charge-sheet has been submitted under s.302 IPC showing the petitioner as an absconder. It is, therefore, evident that the petitioner is to be arrested in connection with the case. Perhaps steps for arrest warrant has already been taken. Having regard to the gravity of the offence, we are of the view that the petitioner should not be granted anticipatory bail.
For these reasons, the CRM is dismissed. Certified xerox.
(Jayanta Kumar Biswas, J.)
S.R. (Indrajit Chatterjee, J.)