A coordinate bench rejected the petitioner's anticipatory bail application. On hearing the renewed prayer, this bench dismissed it due to absence of changed circumstances, upholding the order of rejection.
Prayer for anticipatory bail rejected; application disposed of.
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06.10.2020 S.D. sl no. 09.
C.R.M. 2861 of 2020 CRAN 1 of 2020
(via video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nandakumar P.S Case no. 468 of 2020 dated 13.11.2019 under sections 498A/325/307/506/34 of the IPC.
And
In re : Manas Ari …… petitioner.
Mr. Avirup Mondal Mr. Anand Jha
…… For the petitioner.
Mr. Saswata Gopal Mukherjee Mr. Partha Pratim Das Mr. Mirza Firoj Ahmed Begg
…. For the State.
Petitioner undertakes to affirm and stamp the
petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.
Accordingly, the application being CRAN 1 of 2020 is disposed of.
On 14th January, 2020, an order rejecting the prayer for anticipatory bail of the petitioner was passed by a Coordinate Bench.
The prayer for anticipatory bail is again renewed.
Since there has been no changed circumstances since the order of rejection, we are not inclined to allow this application for anticipatory bail.
2
The prayer for anticipatory bail is thus rejected. CRM 2861 of 2020 is disposed of.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether anticipatory bail should be granted despite a prior rejection by a coordinate bench due to change in circumstances.
Whether the renewed prayer for anticipatory bail under Section 438 CrPC should be allowed in identical circumstances.
1 provisions across 1 enactments
Manas Ari
State
Saugata Bhattacharyya
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
