The High Court rejected the petitioners' application for anticipatory bail under Section 438 CrPC, 1973. Despite arguments regarding false implication and completed investigation, the Court held that the petitioners were not entitled to the privilege based on the evidence.
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BP Sl.23
CRM 5239 of 2020 With CRAN 3541 of 2020
(Via Video Conference)
In re: An application for bail under Section 438 of the Code of Criminal Procedure, 1973.
In the matter of : Bhola Ghosh @ Sunil Ghosh & Ors .. …petitioners
Mr. Avinaba Patra ..for the petitioners.
Mr. Madhusudan Sur Mr. Subrata Roy ..for the State.
Learned advocate for the petitioners submits that the petitioners have been falsely implicated in connection with the case on the basis of the statement of co-accused. He further submits that since the investigation is over the detention of the petitioners is unwarranted.
Learned advocate for the State produces the memorandum of evidence and opposes the prayer for anticipatory bail. He further objects regarding the long absence of the petitioners for approaching the court in spite of the charge-sheet having been filed.
2
We have taken into account the materials appearing in the memorandum of evidence and considering the same, we are of the opinion that the petitioners are not entitled to the privilege of anticipatory bail.
Accordingly, the prayer for anticipatory bail is rejected.
The application for anticipatory bail being C.R.M. 5239 of 2020 and CRAN 3541 of 2020 are disposed of.
(Samapti Chatterjee, J. )
(Tirthankar Ghosh, J.)
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail given the completion of investigation and reliance on co-accused statements.
Whether the long absence of petitioners affects their eligibility for bail.
1 provisions across 1 enactments
Bhola Ghosh @ Sunil Ghosh & Ors.
The State
Samapti Chatterjee
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
