This single-paragraph order from the Circuit Bench of Calcutta High Court at Port Blair dismissed an application for anticipatory bail under Section 438 CrPC. The bench held that because the petitioner was arrested in the meantime while the application was pending, the application had become infructuous.
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.
23.06.2021 CIRCUIT BENCH OF CALCUTTA HIGH COURT AT Court No. 28 PORT BLAIR
Court No. 28 Item No. A & N - 01 nandy/seth
(Via Video Conference)
(antibail - dismissed)
CRM 5 of 2021
In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 14.06.2021 in connection with Central Crime Station Police Station Case No. 17 of 2021 dated 07.05.2021 under Sections 14 of the Foreigners Act and Section 465/468/471/120B of the Indian Penal Code. (G.R. Case No. 202 of 2021).
and
In the matter of: Sanjay Meshack
…… Petitioner
Mr. Deep Chaim Kabir, Advocate Mr. S. Ajith Prasad, Advocate
……for the Petitioner
Mr. Krishna Rao, Advocate
…… for the State
Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.
It is uniformly submitted that the petitioner has been arrested in the meantime amidst pendency of the instant application for anticipatory bail.
In view of the above, the application being CRM 5 of 2021 has become infractuous and is accordingly dismissed .
(Harish Tandon, J.)
(Subhasis Dasgupta, J.)
2
1 issue framed by the court
Whether an application for anticipatory bail becomes infructuous and needs to be dismissed when the petitioner is arrested during the hearing.
3 provisions across 3 enactments
Sanjay Meshack
Harish Tandon
Subhasis Dasgupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
