The High Court dismissed an application for anticipatory bail under Section 438 CrPC. The court held that the application was no longer maintainable following the execution of a proclamation and attachment order by the Chief Judicial Magistrate against the petitioner.
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.
15.02.2021 Item no.01 Court No.28 Avijit Mitra
C.R.M. 200 of 2021 (through video conference)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Baishnabnagar Police Station No. 17 of 2012 dated 17.01.2012 under Sections 147/148/149/341/448/436/427/325/326/379/506 of the Indian Penal Code read with Sections 25/27 of the Arms Act and Section 304 of the E.S. Act;
And
In Re : Imnul Sk. @ Imu
…. petitioner
Mr. Kazi M. Rahman ….for the petitioner Mr. Rana Mukherjee, Ms. Sujata Das
…….For the State
Pursuant to the earlier order of this Court the Inspector-in-
Charge, Baishnabnagar Police Station is present in Court.
Mr. Rahman, the learned advocate appearing for the petitioner submits that due to a political rivalry, the petitioner has been falsely implicated in Baisnabnagar Police Station Case No.13 of 2012 dated 16th January, 2012. No overt act has been attributed to the petitioner and as such his custodial detention is not warranted.
Mr. Mukherjee, learned advocate appearing for the State submits, upon instruction, that on 11th February, 2021 the learned Chief Judicial Magistrate, Malda has issued proclamation and attachment order against the petitioner herein and the proclamation order has been duly executed on 12th February, 2021. Let the report, as produced, be kept on record.
In view thereof, the present application is no longer maintainable and the same being C.R.M. No.200 of 2021 is, accordingly, dismissed.
2
The presence of Inspector-in-Charge, Baishnabnagar Police Station is dispensed with.
(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether an anticipatory bail application is maintainable after the proclamation and attachment order have been executed against the petitioner.
Imnul Sk. @ Imu
State
Tirthankar Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
