The Single Judge of the Calcutta High Court dismissed a petition for anticipatory bail under Section 438 CrPC as not maintainable due to the absence of any apprehension of arrest against the petitioner in the pending case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
14.12.2020 89 b.das
CRM 1212 of 2020
(Via Video Conference)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bidhannagar P.S. Case No.94 of 2019 dated 08.10.2019 under Sections 419/420/120B/34 of the Indian Penal Code.
And
In the matter of: Damodar Sah @ Damodar Shah @ D.K. Shah
….Petitioner.
Mr. K. Das
…for the Petitioner.
Mr. Swapan Banerjee Mr. Suman De
…for the State.
Report is placed on record.
He has not been cited as an accused in the police report.
There is no apprehension of arrest of the petitioner.
The petition is dismissed as not maintainable.
( Suvra Ghosh, J. ) ( Joymalya Bagchi, J. )
1 issue framed by the court
Whether an application for anticipatory bail is maintainable without apprehension of arrest.
2 provisions across 2 enactments
Damodar Sah
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
