Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs 1. Shyam Dhanwar @ Shyam Dhandwar on 13 July, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 13.7.2017 C.R.M. 5245 of 2017 ECTED In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13th June, 2017.
And In the matter of : 1. Shyam Dhanwar @ Shyam Dhandwar,
2. Goutm Son Tirkey @ Goutamsun Tirki,
3. Chunai Toppo,
4. Pachu Kurmi (Kharia),
5. Chhotelal Kujur @ Chotulal Kujur,
6. Jhon Barla @ John Barla and
7. Rajesh Barla.
Petitioners.
Mr. Sourav Chatterjee Mr. Aniruddha Bhattacharya.
..... For the Petitioners.
Mr. Madhusudan Sur
Mr. Manoranjan Mahato.
...... For the State.
Apprehending arrest in course of investigation of Jaigaon Police Station FIR No.171 of 2009 dated 08.6.2009 under sections 147/148/149/283/186/338/332/353/323/325/326/307/435/427/379 of the Indian Penal Code and section 3 of the Prevention of Damage to Public Property Act and sections 25(1)(a)/27 of the Arms Act, the petitioners have applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case diary. Having regard to the gravity of allegations levelled and the extent of complicity of the petitioners, as revealed from the case diary, we are of the considered opinion that this is not a fit and proper case where discretionary jurisdiction ought to be exercised in favour of the petitioners despite the fact that upon completion of investigation police report (charge-sheet) under section 173(2) of the Code of Criminal Procedure has been filed before the relevant magistrate.
The application, thus, stands rejected.
(Dipankar Datta, J.) (Debi Prosad Dey, J.)