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Calcutta High CourtCRM/432/2021rejected

Hazru@Hajruddin Biswas v. State Of West Bengal

2021-02-26Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

26.02.2021 Item no.12 Court No.28 Avijit Mitra C.R.M.432 of 2021 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliachak Police Station Case No.216 of 2011 dated 01.06.2011 under Sections 341/302/34 of the Indian Penal Code read with Section 27 of the Arms Act;

And In Re : Hazru @ Hajruddin Biswas .... petitioner Mr. Mrityunjoy Chatterjee, Mr. Susnigdho Bhattacharyya ....for the petitioner Mr. Rudradipta Nandy ...... for the State Learned advocate appearing for the petitioner submits that there was a long-standing family dispute between the parties and the petitioner has been falsely implicated. Upon completion of investigation chargesheet has also been filed and as such, custodial interrogation of the petitioner is not necessary.

Mr. Nandy, learned advocate appearing for the State submits that the case was initiated in the year 2011 and the petitioner had absconded since then. The chargesheet has been submitted upon completion of investigation on 26th September, 2012.

Having heard the learned advocates and considering the materials on record, the gravity of the offence and the fact that the petitioner had been absconding for a substantial period of time, we are not inclined to exercise any discretion in favour of the petitioner.

Accordingly, the application for anticipatory bail being CRM No.432 of 2021, is dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)