Ruhul Shah v. State Of West Bengal

C.R.M. (A) 2404 of 2023 13.07.2023 ML. 15 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 191 of 2021 dated 17.05.2023 under Sections 302/34 IPC.

And In the matter of: Ruhul Shah ....petitioner.

Mr. Somnath Adhikary ...for the petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya ...for the State.

1. Heard learned Counsel for the parties.

2. It is submitted by learned Counsel for the State that proclamation issued against the petitioner having already been executed, the present application for anticipatory bail is not maintainable. Further it is submitted by the learned Counsel for the State that there is eyewitness account to implicate the present petitioner.

3. Regard being had to the aforesaid facts and submissions and the quantum of punishment prescribed for the offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

4. Accordingly, the prayer for the anticipatory bail is rejected.

5. The application being CRM (A) 2404 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)