Jahanara Begum And ANR v. State Of West Bengal

22.04.2021 Court No.28 Item No. 217 Krishnendu Disposed of C.R.M. 964 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In re: Jahanara Begum & Anr.

......Petitioners Mr. Arun Bandyopadhyay .....For the Petitioners Mr. Swapan Banerjee Mrs. Purnima Ghosh .......For the State Apprehending arrest in connection with Pursurah Police Station Case No. 28 of 2020 dated 07.02.2020 under sections 448/326/307/34 of the Indian Penal Code, the petitioners have filed the present application.

The materials on record reflect that earlier in CRM 2724 of 2020 a co-ordinate Bench of this Court was pleased to reject the prayer for anticipatory bail of the petitioners.

Mr. Bandyopadhyay, learned advocate appearing for the petitioners submits that there are change in circumstances as there has been a compromise between the parties. The offences are noncompoundable. As such, the subsequent compromise cannot be a change circumstance before this Court. Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioners surrender before the jurisdictional Court , the learned Court, while considering the application for bail, will take into account the factual circumstances of compromise and fresh

perspective, which have arisen pursuant to the order of rejection of anticipatory bail passed on 13th March, 2020 in CRM 2724 of 2020. With the aforesaid observations, the application for anticipatory bail, being CRM No. 964 of 2021, is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)