Chaiti Kahar @ Bandana Kahar And ORS v. State Of West Bengal

12.11.2020 Sl. No.62 akd C. R. M. 8151 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.10.2020 in connection with Suri Police Station Case No. 313 of 2014 dated 19.09.2014 under Sections 448/323/325/354/306 of the Indian Penal Code. And In Re: Chaiti Kahar @ Bandana Kahar & Ors.

... ... Petitioners Mr. Sujoy Sarkar .. Advocate ... ... for the petitioners Mr. Sandip Chakraborty .. Advocate ... ... for the State The petitioners claim that they had nothing to do with the unnatural death of the victim in this case.

However, the State says that the petitioners were named in the FIR and the petitioners have been absconding from 2014. Considering the conduct of the petitioners and the fact that the charge-sheet was filed without reference to the petitioners herein, it is necessary to interrogate the petitioners and file a supplementary charge-sheet, if deemed appropriate. It is evident that at the time of filing the charge-sheet in 2014, a prayer was made for the issuance of warrants of arrest against the petitioners. Though no proclamation may have been issued till date, there remains little doubt that the petitioners have been absconding for long.

The petitioners will surrender as expeditiously as possible and will then be entitled to pray for regular bail in accordance with law. CRM 8151 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)