Hasu Sk @ Hasibul Sk @ Khoso v. State Of West Bengal

C.R.M. (A) 3650 of 2023 13.09.2023 ML. 43 Court No. 29 Suvayan In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Dhubulia Police Station Case No. 367 of 2014 dated 04.12.2014 under Sections 363/366/34 of the IPC.

And In the matter of: Hasu Sk @ Hasibul Sk @ Khoso ....petitioner.

Mr. Manas Das Mr. Tushar Sil ...for the petitioner.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...for the State.

1. Heard learned Advocate for the petitioner and learned Advocate for the State at length.

2. The memo of evidence as submitted by learned Advocate for the State be taken on record.

3. From the memo of evidence as submitted by S.I., Sumit Kumar Ghosh being O.C., Dhubulia P.S., Nadia it reveals that in connection with the aforementioned P.S. case proclamation has been completed as against the present accused petitioner.

4. In view of such predicament, we hold that the instant application for the anticipatory bail is not maintainable.

5. However, liberty is given to the present petitioner to approach the competent Magistrate Court within 15 days from today and on his appearance and application for bail with three days of prior notice to the concerned PP/APP attached to the said Court, such bail application shall have to be considered by the concerned Magistrate on merit. If the principal accused has already been released on bail or anticipatory bail in the meantime, the prayer of the present petitioner shall be considered in the light of the said application.

5. The application being CRM (A) 3650 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)