Mamudal Hosen @ Masadul Hosen And ORS. v. State Of West Bengal

09.01.2024 Item No.182ML Ct. No. 29 CHC Rejected C.R.M.(A) 4818 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No. 353 of 2023 dated 03.08.2023 under Sections 447/323/325/326/506/34 of the Indian Penal Code.

And In the matter of : Mamudal Hosen @ Masadul Hosen & ors. ...... petitioners Mr. Sujit Saha ....for the petitioners Mrs. Faria Hossain, Ms. Baisali Basu ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioners.

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.

Two persons suffered injuries. One suffered injury of fracture on the right pelvic joint.

The petitioners stand implicated in the incident of assault.

Considering the gravity of the offence and involvement of the petitioners therein, we are unable to extend the interim

order dated October 17, 2023 or grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4818 of 2023 is disposed of.

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