Asma Bibi v. The State Of West Bengal

24.11.2021 Serial no. 647 Dd (Through Video Conference) CRM 5001 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 438 of 2020 dated 02.06.2020 under Sections 302/34 of the Indian Penal Code (GR Case No. 1049 of 2020). -AndIn the matter of : Asma Bibi ... ...Petitioner Mr. Sourav Chatterjee, Mr. Aditya Tiwari, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the State draws the attention of the Court to the fact that the petitioner applied for bail earlier by way of CRM 7758 of 2020 which was rejected on November 17, 2020. Petitioner suppressed such material fact in the petition.

In the first paragraph, the petitioner claims that this is the first petition for bail.

There is an order dated November 17, 2020 passed in CRM 7758 of 2020 which is the earlier application for bail. The earlier application for bail was rejected on November 17, 2020.

The petitioner is guilty of suppression of material fact.

In such circumstances, we deem it appropriate to dismiss the present petition with costs assessed at

Rs. 10,000/- to be paid by the petitioner to the West Bengal Legal Services Authority, Kolkata.

It is clarified that any subsequent petition for bail, if made by the petitioner, must be accompanied by documentary evidence of payment of costs awarded herein.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)