Sk Matiar v. State Of West Bengal

01.08.2023 (D/L 29) Ct. No.29 (Dismissed) (SKB) CRM (A) 2527 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Uluberia P.S. Case No.315 of 2012 dated 20.04.2012 under Sections 363/365/344 of the Indian Penal Code corresponding to G.R. No.892 of 2012. In the matter of : Sk. Matiar ... Petitioner Mr. Tamnoy Chowdhury, Ms. Ritoprita Ghosh ... for the petitioner Mr. Souomik Ganguli ... for the State

1. Heard the learned Counsel for the parties.

2. In a P.S. case registered in 2012, the present petition for anticipatory bail has been filed on 20.6.2023.

3. It is submitted that the brother of the present petitioner and others have been released on bail since long. We fail to understand why the present petitioner remained at large for a long period of 11 years thereby halting the motion of the criminal law.

4. For the conduct of the petitioner, the charge-sheet has not yet been filed. Though there is no question of delay in moving the court for anticipatory bail, we are constrained to say here that petition for anticipatory bail should be moved within a reasonable time. But 11 years of delay

cannot be held to be a reasonable time in the present case. Accordingly, the prayer for anticipatory bail is rejected.

5. CRM(A) of 2527 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)