The court rejected an application for anticipatory bail because the applicant failed to surrender or provide medical evidence supporting his claim of being bedridden, concluding he did not act in a bona fide manner.
Prayer for anticipatory bail under Section 438 CrPC is rejected and the application is dismissed.
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22 15-09-2021 (ct. no.32) KOLE
CRM 1650 of 2021
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 403 of 2011 dated 26.08.2011 under Sections 147/148/149/326/307/435/109 of the Indian Penal Code and Section 27 of the Arms Act.
In the matter of : Mojahar Sk. @ Md. Mojahar Ali
.... Petitioner.
Mr. M. H. Chowdhury, Mr. S. Karmakar,
… For the Petitioner.
Mr. P. K. Datta, Ld. APP, Mr. S. Deb Roy,
… For the State.
On September 8, 2021 when this matter was taken up for hearing, learned Advocate for the petitioner submitted that the petitioner is willing to surrender before the police and to cooperate with the Investigation. One week’s time was sought for by the petitioner.
This court recorded the submission made on behalf of the petitioner and adjourned the matter for a week.
Today learned Advocate for the petitioner says that his only instruction is that the petitioner is bed ridden and therefore has not been able to surrender before the police or the learned Trial Court. However, he has no medical document to show that the petitioner is indeed indisposed.
We have the feeling that the petitioner is trying to misguide the Court. Had the petitioner been really serious about surrendering and cooperating, he definitely would have found a way to do so or would have placed convincing documents before
2
the Court to persuade the court to grant him time. But he has not done so. We do not find that the petitioner has acted in bona fide manner.
The prayer for anticipatory bail is rejected.
CRM No. 1650 of 2021 is, thus, dismissed.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
2 issues framed by the court
Whether to grant anticipatory bail given the petitioner's failure to surrender and lack of medical evidence supporting his claim of being bedridden.
Whether the petitioner acted in bona fide manner by failing to provide convincing documents to persuade the court when requesting time.
3 provisions across 3 enactments
Mojahar Sk. @ Md. Mojahar Ali
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
