Court dismissed bail application filed under Section 439 CrPC challenging Sections 324/326/307 IPC arrest warrant. Bail rejected as petitioner denied prior bail application before same court's Bench without justification.
Bail prayer rejected; CRM No. 1313 of 2021 dismissed
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.
26 19-08-2021 (ct. no.32) KOLE
(Via Video Conference)
CRM 1313 of 2021
In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Deganga Police Station Case No. 430 of 2020 dated 04.09.2020 under Sections 324/326/307 of the Indian Penal Code.
In the matter of : Arif Ali Molla
Mr. A. K. Bhowmick,
… For the Petitioner. Mr. Sukanya Bhattacharyya, Mr. S. Banerjee.
In the first paragraph of this application for bail, the petitioner has stated that earlier no prayer for bail was made before this Court. This is a patent falsehood as has been demonstrated by learned Advocate for the State by producing copy of an order dated March 1, 2021 passed in CRM 647 of 2021, whereby a coordinate Bench of this Court rejected the petitioner’s prayer for bail.
In view of the aforesaid sharp practice, we are not even inclined to consider the petitioner’s prayer for bail.
The prayer for bail is rejected.
CRM No. 1313 of 2021 is accordingly dismissed.
( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )
2 issues framed by the court
Whether petitioner is entitled to bail considering prior denial by coordinate Bench of this Court
Whether false statement made by petitioner in bail application warrants rejection
Colour shows how this judgement treated each authority
Re: Bail application rejected by coordinate BenchDoubted¶9
CRM 647 of 2021
Code of Criminal Procedure, Section 439Referred¶4
Code of Criminal Procedure, Section 439
Arif Ali Molla
State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
