← Library
Calcutta High CourtCRM/62/2021dismissed

Soumitra Khan v. The State Of West Bengal

2021-01-20Hon'Ble Justice Rajesh Bindal, Chief Justice (Acting)),Hon'Ble Justice Saugata Bhattacharyya1 pages

20.01.2021 gd/ssd CRM 62 of 2021 (Through Video Conference) Soumnitra Khan ... Petitioner Vs.

The State of West Bengal ... Respondent Mr. Biswajit Das, Advocate ...for the Petitioner. Present in Court.

Mr. Arun Kumar Sarkar and Mr. Abhijit Sarkar, Advocates ...for the State. Present in Court.

The present application has been filed for grant of pre-arrest bail to the petitioner in connection with Siliguri P.S. Case No.1239 of 2020 dated 18.09.2020 registered under Sections 294/500/34 of the Indian Penal Code.

At the very outset the learned counsel for the respondent submitted that all the offences in the complaint are bailable. Hence, a petition for grant of pre-arrest bail is not maintainable. We find merit in the contention raised by the learned counsel for the respondent. Hence, the present petition is dismissed as not maintainable.

However, the same is not affect the right of the petitioner to get bail before the appropriate authority when all the offences alleged are stated to be bailable subject to fulfillment of the conditions imposed on him.

(Rajesh Bindal, J.) (Saugata Bhattacharyya, J.)