Sohel Mandal v. State Of West Bengal

08.01.2024 Item No.121 Ct. No. 29 CHC Rejected C.R.M.(A) 4723 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 314 of 2023 dated 13.09.2023 under Sections 307/326/341 of the Indian Penal Code. And In the matter of : Sohel Mandal ...... petitioner Mr. Arunabha Jana, Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023, passed by a coordinate Bench. By such order, coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary. We find that, the victim suffered deep cut injury requiring stitches over the left eye.

In his statement recorded under Section 161 of Cr.P.C the injured stated that, after an altercation, the petitioner fetched a

pair of scissors and assaulted the victim with such scissors inflicting the wound over his eye.

Considering the nature of the injury at the part of the body suffered by the victim, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus rejected. CRM(A) 4723 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)