Shanti Sarkar @ Santi And ANR v. State Of West Bengal

C.R.M. (A) 3522 of 2023 30.08.2023 SL. 73 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 34 of 2023 dated 20.02.2023 under Sections 447/325/307/34 IPC.

And In the matter of: Shanti Sarkar @ Santi & Anr. ....petitioners.

Mr. Sourav Mukherjee ...for the petitioners.

Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ... for the State.

1. Heard learned Counsel for the parties.

2. The earlier petition for anticipatory bail filed by the present petitioners and the other co-accused persons was rejected vide order 05.04.2023 passed in CRM (A) 1434 of 2023.

3. Present petition is moved on the ground that some of the coaccused persons who were the petitioners in the earlier petition for anticipatory bail have not been sent for trial. Admittedly, the present petitioners have been sent for trial. Therefore, discharging some co-accused persons from the charge-sheet is not a supervening circumstance warranting reconsideration of the prayer for anticipatory bail of the present petitioners.

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

5. The application being CRM (A) 3522 of 2023 is dismissed.

6. However the petitioners are directed to appear before the

Court of jurisdictional magistrate in the G.R. Case arising out of the aforesaid P.S. Case within 15 days from today by giving three days advance notice to the learned PP/APP attached to the said court. On their appearance and application for bail, the same shall be disposed of on merit on the same day considering the fact that charge-sheet has been submitted. Ground of parity if canvassed shall be taken into consideration.

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