Calcutta High CourtCRM (DB)/4443/2024dismissed as rejected

Mojaffar Sk @ Mojaffar Hossain And ANR. v. State Of West Bengal

2025-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2025 Serial no. 19 [Dd] (Bail Rejected) CRM (DB) 4443 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No. 477 of 2020 dated 11.09.2020 under Sections 342, 302,201,120B,34 of the Indian Penal Code, 1860. -AndIn the matter of : Mojaffar Sk @ Mojaffar Hossain & Anr. ... ...Petitioners Mr. Ayan Bhattacharjee, sr. adv.

Mr. Sagar Saha, Ms. Nayana Mukhopadhyay, Advocates ... ... For the Petitioners Mr. Rana Mukherjee, APP Mr. Mainak Gupta, Advocates ... ...For the State

1. Petitioners renew the prayer for bail.

2. Learned senior advocate appearing for the petitioners draws the attention of the Court to the orders dated August 12, 2022 passed in CRR 2049 of 2022 in CRM(DB) 1412 of 2022 with CRR 2430 of 2022 as also order dated October 7, 2024 passed in CRM (DB) 2593 of 2024.

3. Learned senior advocate appearing for the petitioners submits that, the principal accused was enlarged on bail by the co-ordinate Bench on October 7, 2024. Therefore, he submits that the bail should be granted to the petitioners.

4. Learned advocate appearing for the State points out that, initially, petitioners were granted bail by the jurisdictional Court. On a Rule being issued suo motu, the High Court cancelled the bail granted to the petitioners on August 12, 2022. Petitioners were directed to surrender within seven days from such order. However, petitioners did not surrender. They could only be arrested after two years.

5. Petitioners did not comply with the order passed on August 12, 2022 and did not surrender within the timeframe fixed. In fact, the petitioners were absconding and the warrants of arrest were required to be issued for taking them into custody.

6. Period of detention of the petitioners are far less than that of the co-accused who was enlarged on bail by the coordinate Bench on October 7, 2024.

7. In such circumstances, we are not inclined to grant bail to the petitioners.

8. There is an issue of absconsion given the past conduct of the petitioners.

9. Prayer for bail of the petitioners is rejected.

10. CRM (DB) 4443 of 2024 is dismissed.

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