Sk Sabir @ Sk Sabir Ali v. State Of West Bengal

09.08.2023 SL No. A 142 Court No.29 s.biswas C.R.M. (A) 2919 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dankuni P.S. Case No. 60 of 2023 dated 28.02.2023 under Sections 341/323/326/307/333/504/506/34 of the IPC.

And In the matter of: Sk. Sabir @ Sk. Sabir Ali ....petitioner Mr. Suman De Mr. Abhinaba Mukherjee ...for the petitioner Mr. Rudradipta Nandy, APP Ms. Sonali Das ...for the State

1. Heard learned Counsel for the parties.

2. This is a second application for anticipatory bail at the instance of the petitioner. The earlier application for anticipatory bail has been rejected. The present application has been filed on the ground that some of the co-accused persons have been granted bail on the day of their surrender. Such facts, in our considered view, are not supervening circumstances, warranting reconsideration of the present petition.

3. Accordingly, the present application being CRM (A) 2919 of 2023 is dismissed.

4. However, if the petitioner appears before the competent court within 15 days from date with three days' advance notice to the concerned Public Prosecutor and moves application for bail, the same shall be disposed of on merit on the same day. The ground of parity if canvassed shall be taken into

consideration by the learned court below, while disposing of such bail application.

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