Calcutta High CourtCRM (A)/4841/2023dismissed as rejected

Nesarul Hoque @ Mia And ORS. v. State Of West Bengal

2024-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.01.2024 Item No.183ML & 195ML Ct. No. 29 CHC Rejected C.R.M.(A) 4819 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 704 of 2011 dated 27.12.2011 under Sections 147/ 149/ 448/ 323/ 325/ 326/ 386/ 307/ 435/436/ 354/ 379 of the Indian Penal Code and under Sections 25/27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act.

And In the matter of : Setabur Rahaman & ors.

...... petitioners with C.R.M.(A) 4841 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 704 of 2011 dated 27.12.2011 under Sections 147/ 149/ 448/ 323/ 325/ 326/ 386/ 307/ 435/436/ 354/ 379 of the Indian Penal Code and under Sections 25/27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act.

And In the matter of : Nesarul Hoque @ Mia & ors. ...... petitioners Md. Wasim Akram ....for the petitioners Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Bibaswan Bhattacharya ....for the State in CRM(A) 4819 of 2023 Mr. Swapan Banerjee, Mr. A. S. Chatterjee ...for the State in CRM(A) 4841 of 2023

Two applications for anticipatory bail are taken up analogously for consideration as they emanate out of same police case.

Petitions are 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.

The police case is dated December 27, 2011.

There is an issue of long absconsion of the petitioners. The Court is informed that, proclamation process was initiated.

In view of the long absconsion of the petitioners and in view of the gravity of the offence, 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) 4819 of 2023 and CRM(A) 4841 of 2023 are disposed of.

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