Calcutta High Court (Appellete Side)
Sahabul Sk vs State Of West Bengal on 1 July, 2014
Author: Jayanta Kumar Biswas
Bench: Indrajit Chatterjee, Jayanta Kumar Biswas
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 C.R.M. No.3589 of 2014 Sahabul Sk
-vs-
State of West Bengal
Mr. Benazir Ahmed
Mr. Md. Anwar Hossain ...for the petitioner
Mr. P.K. Dutta
Mr. Subrata Roy ...for the State
Heard on: July 1, 2014
Order on: July 1, 2014
Jayanta Kumar Biswas, J : The petitioner in the CRM saying that he is apprehending arrest in connection with Nowda P.S. Case No.127 of 2010 dated April 19, 2010 under ss.395/397 IPC and s.9B Explosives Act is seeking bail under s.438 CrPC.
Advocate for the petitioner has submitted that there is nothing against the petitioner except the co-accused statement.
Advocate for the State has produced the case diary and referred to the statements at pp.12 and 13, the statements of the co-accused at p.53 and the injury reports at pp.67-69 and 96 onwards. He has said that several persons were injured in the incident, and that the charge-sheet has been submitted.
The case diary reveals that the dacoits caused severe bodily injuries to two persons and plundered valuables. It also reveals the petitioner's complicity 2 in the commission of the offences. We are unable to accept that there is nothing except the co-accused statement.
Having regard to the nature and gravity of the offences and the petitioner's involvement, we see no reason why he should be granted anticipatory bail. It is important to note that when the FIR was registered as back as April 19, 2010, the petitioner has filed this CRM for anticipatory bail on February 26, 2014.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J) (Indrajit Chatterjee, J) sb