Calcutta High CourtCRM (A)/3486/2023rejected

Sk. Mahibul v. State Of West Bengal

2023-09-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3486 of 2023 12.09.2023 SL. 12 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 128 of 2023 dated 02.04.2023 under Sections 341/323/325/308/304/506/34 IPC.

And In the matter of: Sk. Mahibul ....petitioner.

Mr. Sabir Ahmed Ms. Suman Biswas ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakrabarty ... for the State.

1. Heard learned Counsel for the parties.

2. It reveals that earlier a similar such application of the present petitioner was rejected by a co-ordinate Bench of this Court on 17.05.2023 in CRM (A) 2039 of 2023.

3. Since filing of charge-sheet is not a supervening circumstance to entertain an application under Section 438 Cr.P.C. for the second time, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

4. Accordingly, the prayer for anticipatory bail of the present petitioner is hereby considered and rejected.

5. The application being CRM (A) 3486 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)