Panga Mondal @ Andriya Mondal v. State Of West Bengal
04.12.2020 SL. 23 Sws M Ct. No.11 CRM 9775 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 219 of 2020 dated 22/06/2020, under Sections 448/307/326/34 of the Indian Penal Code.
And In the matter of : Panga Mondal @ Andriya Mondal ..... Petitioner Mr. Amanul Islam .... for the Petitioner Mr. Aniket Mitra Mr. Dipankar Pramanik ...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.
Learned Advocate for the petitioner submits that other accused persons have been granted bail. On such footing and on the further footing that charge-sheet has already been submitted, the petitioner prays for the privilege of anticipatory bail. Mr. Mitra, learned Advocate for the State opposes the prayer and refers to the injury report and submits that the nature of injury are serious. It is also pointed out that the petitioner cannot claim at this stage
of seeking relief of anticipatory bail to be on equal footing with the coaccused who have been granted bail. We have perused the injury report and we are of the view that the petitioner is not entitled to claim a parity of status at this stage with the other co-accused who are on bail.
In the above view of the matter, we do not find that this is fit for extending the privilege of anticipatory bail to the petitioner. Accordingly the prayer for anticipatory bail stands Rejected. With these observations, CRM 9775 of 2020 is disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.
Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)