Calcutta High CourtCRM (A)/3543/2023rejected

Mahatab @ Mahatab Ali And ORS v. State Of West Bengal

2023-08-31Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3543 of 2023 31.08.2023 SL. 18 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 668 of 2017 dated 19.09.2017 under Sections 448/304/436/34 IPC (corresponding to G.R. Case No. 1335 of 2017).

And In the matter of: Mahatab @ Mahatab Ali & Ors. ....petitioners.

Mr. Kaushik Choudhury Ms. Busra Khatun ...for the petitioners.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupam Dhali ... for the State.

1. Heard learned Counsel for the parties.

2. In a group fight between two groups, the house of the victim has been burnt and one person, namely, Satar Alli has died of multiple antemortem injuries, which speaks up merciless attack on him by the present petitioners. There is eyewitness account of the entire transaction. Though there is stated to be case and counter case, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C. because of the fact that the petitioners have taken law unto their hands and have acted mercilessly.

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

4. The application being CRM (A) 3543 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)