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Calcutta High CourtCRM (A)/3267/2022dismissed

Pashom Ali @ Pasam Ali @ Rafikul Islam v. State Of West Bengal

2022-07-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3267 of 2022 12.07.2022 Sl. 15 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandra Pur Police Station Case No. 707 of 2018 dated 26.09.2018 under Sections 306/34 of the Indian Penal Code, 1860, corresponding to G.R. No.1809/2018.

And In the matter of: Pashom Ali @ Pasam Ali @ Rafikul Islam ....petitioner.

Ms. Minoti Gomes ...for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

Petitioner prays for anticipatory bail.

The police case is of 2018. The first charge sheet was submitted on February 11, 2019. The petitioner was named therein. There was an application taking exception to the first charge sheet. Subsequently, second charge sheet was filed in 2022. There petitioner was named therein. There was no explanation as to why the petitioner did not avail of the due process of law from February 11, 2019 when he was named in the first charge sheet.

In view of the long absconsion of the petitioner from the date of the first charge sheet being February 11, 2019, we are unable to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the

petitioner is rejected.

C.R.M. (A) 3267 of 2022 is dismissed.

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