Mahammad Musha v. State Of West Bengal

08.01.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 4650 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 698 of 2023 dated 14.07.2023 under Section 341/325/308/34 of the Indian Penal Code.

And In Re : Mahammad Musha ...... petitioner Mr. Subrata Karmakar Md. Ali Ahasan ....for the petitioner Mr. Sujan Chatterjee ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.

It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

The injury report suggests that the injured suffered deep cut injury on the scalp. The injury was classified as serious. The deep cut injury was 1⁄2 inch in depth. The injured named the petitioner as the assailant.

Considering the gravity of the offence and the involvement of the petitioner, we are unable to confirm the order dated October 16, 2023 or to grant anticipatory bail to the petitioner and the prayer of anticipatory bail is rejected. The application being CRM (A) 4650 of 2023 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)