Petitioners sought quashing of an online pre-arrest bail application (CRM 23 of 2021) alongside CRAN 1 of 2021, noting prior bail in CRM 6903 of 2020. Court held it must be dismissed as the application was not pressed. Allowed.
Application for pre-arrest bail along with CRAN 1 of 2021 is dismissed as not pressed.
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19.01.2021 SL No.12 AP/ss
CRM 23 of 2021 With CRAN 1 of 2021 (Through Video Conference) Momin Haque & Anr. ….Petitioners. Vs. The State of West Bengal ….Respondent. Mr. Hillol Saha Podder …for the petitioners present in Court. M/s Aditi Shankar Chakraborty, Ld. A.P.P., Aniruddha Biswas …for the respondent present in Court.
The learned counsel for the petitioners submitted that application for grant of pre-arrest bail was filed online. However, the same was numbered twice. In CRM 6903 of 2020 the petitioners have already been granted pre-arrest bail. Hence, the learned counsel for the petitioners does not wish to press the present application.
The application for pre-arrest bail along with CRAN 1 of 2021 is dismissed as not pressed.
(Rajesh Bindal, J.)
(Saugata Bhattacharyya, J.)
2 issues framed by the court
Whether the present application for pre-arrest bail, filed alongside CRAN 1 of 2021, should be considered when petitioners already hold bail under CRM 6903 of 2020?
Whether an application that is not pressed can be decided on merits?
1 provisions across 1 enactments
Momin Haque & Anr.
The State of West Bengal
Rajesh Bindal
Saugata Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
