Calcutta High Court (Appellete Side)
Sukur Halsana @ Shukur Halsana vs Unknown on 11 October, 2023
11.10.2023 C.R.M. (A) 4093 of 2023
SL. 23
Court No. 29
Sourav
In Re: - An application for anticipatory bail under Section 438 of
(Rejected) the Code of Criminal Procedure in connection with Thanarpara
Police Station Case No. 223 of 2022 dated 02.11.2022 under
Sections 302/34 IPC.
And
In the matter of: Sukur Halsana @ Shukur Halsana
....petitioner.
Mr. Ashok Das
Mr. Amanul Islam
Mr. Sourav Mukherjee
...for the petitioner.
Mr. Swapan Banerjee
Mr. Anindya Sundar Chatterjee
...for the State.
1.Heard learned Counsel for the parties.
2. It is submitted by learned Counsel for the State that the petitioner is a contract killer and another murder case is also pending against him. The aforesaid facts came to be known in course of investigation from the statements of the witnesses as submitted by learned Counsel for the State.
3. Per contra, it is submitted by Mr. Das, learned Counsel for the petitioner that the daughter of principal accused had got married with the son of the deceased and owing to enmity between them the murder was committed by the principal accused in which the present petitioner has no role.
4. Regard, however, being had to the statements of the witnesses connecting the present petitioner in the transaction, existence of record of past criminal antecedent of serious nature against him and gravity of offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the 2 petitioner.
5. Accordingly, the prayer for anticipatory bail is rejected.
6. The application being CRM (A) 4093 of 2023 is dismissed.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3