Calcutta High Court (Appellete Side)
Ashadulla Sk vs The State Of West Bengal on 27 June, 2014
Author: Indrajit Chatterjee
Bench: Jayanta Kumar Biswas, Indrajit Chatterjee
1 In the High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side. Present:-
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
and The Hon'ble Mr. Justice Indrajit Chatterjee CRM No.3185 of 2014 Ashadulla Sk v.
The State of West Bengal Mr. Prosenjit Mukherjee Mr. S. Banerjee ... for the petitioner.
Ms. Sujata Das ... for the State.
Heard on :- June 27,2014.
Order on :- June 27, 2014.
Jayanta Kumar Biswas, J:- The petitioner in the CRM saying that he is apprehending arrest in connection with Margram P.S. Case No.76 of 2013 dated August 8,2013 under ss.147/148/149/326/307/427/379 IPC is seeking bail under s.438 CrPC.
Advocate for the petitioner has submitted as follows. This court has granted anticipatory bail to one accused who was named in the FIR. The petitioner is claiming equality benefit. Advocate for the State has produced the case diary and referred to the injury report at p.54, the statements of the witnesses at pp.14,18,67, 68 and 69 and the statement of the victim at p.53.
The petitioner was named in the FIR. After completion of investigation the officer concerned submitted the charge-sheet. The case diary materials reveal that the accused in the case together started hurling bombs, and that the hurled bombs caused severe bodily injuries to the victim.2
This court granted one accused anticipatory bail on the grounds that since the charge-sheet had been submitted, his custodial interrogation would not be necessary.
It is not known how the court concerned will proceed with the matter. We cannot proceed on the basis that the court will not order a custodial trial. As to the anticipatory bail, we are of the opinion that having regard to the nature and gravity of the offences, the petitioner is not entitled to the relief.
For these reasons, we dismiss the CRM. Certified xerox.
sh ( Jayanta Kumar Biswas, J)
(Indrajit Chatterjee, J)