Asish Mondal @ Ashish Mandal @ Asis Mandal v. State Of West Bengal
10.01.2024 Ct. No. 29 S.D.
REJECTED C.R.M.(A) 4868 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goaltore Police Station Case No. 93 of 2021 dated 03.07.2021 under Section 188/379/411/413/414/34 of the Indian Penal Code and 21 of the Mines and Minerals Act. And In Re : Asish Mondal @ Ashish Mandal @ Asis Mandal ...... petitioner Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha ....for the petitioner Ms. Zareen N. Khan Ms. Ashok Das ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 18, 2023 by the Coordinate Bench.
By such order dated October 18, 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.
Apparently, the petitioner was carrying on business of stockiest of sand. The sand was found to be illegally mined.
In such circumstances, we are unable to confirm the order dated October 18, 2023 or to grant anticipatory bail to the petitioner and the prayer of anticipatory bail is rejected. The application being CRM (A) 4868 of 2023 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)