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Calcutta High CourtCRM (DB)/200/2022dismissed

Latif Molla And ORS v. State Of West Bengal

2022-04-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

13.04.2022 Serial no.85 Aloke Ct. No. 29 CRM (DB) 200 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 19.01.2022 in connection with Haroa P.S. Case No. 288 of 2021 dated 14.07.2021 under Sections 185/195A/34 of the Indian Penal Code. -AndIn the matter of: Latif Molla & Ors.

... ...Petitioners Md. Shahjahan Hossain, Advocate Ms. Sanjida Sultana, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. PP Mr. Arani Bhattacharyya, Advocate ... ... For the State Mr. Nani Gopal Sarkar, Advocate Mr. Devranjan Das, Advocate ... ... For the de facto complainant Petitioners pray for bail.

Learned Advocate appearing for the petitioners submits that the period of detention should be considered for the purpose of granting bail.

Learned Advocate appearing for the State submits that the petitioners were initially enlarged on bail by the High Court. The Supreme Court on a Special Leave Petition cancelled such order granting bail. In the meantime, after the petitioners were enlarged on bail they started threatening the de facto complainant in the murder case. The petitioners are presently in custody in both the matters. Considering the conduct of the petitioners subsequent to the earlier order of grant of bail in the murder case and considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant bail to the petitioners. CRM (DB) 200 of 2022 is rejected (Debangsu Basak, J.) (Bibhas Ranjan De, J.)