Calcutta High CourtCRM/7281/2020disposed

Akash Patra v. State Of West Bengal

2020-11-10Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Arijit Banerjee2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 10-11-2020 Subrata/Rajib item no.94 .

C.R.M. No.7281 of 2020 Akash Patra & Anr.

-vsThe State of West Bengal In Re: Application under section 438 CrPC apprehending arrest in connection with Talpatighat Coastal P. S. Case No. 42 of 2019 dated July 11, 2019 under sections 363/302/201/120B IPC. Mr. Imtiaz Ahmed Mr. Mazhar Hossain Chowdhury Mrs. Smita Saha Mrs. Shaila Afrin Sk. Saidullah ...for the petitioners Mr. Saibal Bapuli Mr. Aniket Mitra ... for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

The State seriously opposes the prayer on the ground that the petitioners have been on the run for nearly a year and a half and now a proclamation has been issued against either petitioner. The petitioners were not named in the complaint. There was no occasion for the petitioners to surrender, particularly since the petitioners claim to be residents of Bangalore in the usual course. Though the State seeks to labour over several other orders where prayers of other co-accused have been rejected, it does not appear that these petitioners stand on the same footing as the other co-accused persons. There does not appear to be any independent material against the petitioners and the State seeks to rely on omnibus statements where several others have been named and the

names of the petitioners also included therein. Considering the material against the petitioners there may not be any need to take the petitioners into custody at this stage. In the event of arrest, the petitioners will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) each with two sureties, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will comply with the conditions laid down in Section 438(2) of the Code.

CRM No.7281 of 2020 is disposed of.

[Arijit Banerjee, J] [Sanjib Banerjee, J]