The Court dismissed a second application for anticipatory bail under Section 438 CrPC filed by Alim Mondal & Anr., holding it not maintainable as it was filed without substantial change in circumstances after a prior rejection by a co-ordinate Bench.
Application for anticipatory bail dismissed as not maintainable.
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06.08.2021 Item no. 53 Court No.32. S.De (rejected)
(Via Video Conference)
CRM No. 2371 of 2021
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 03.03.2021 in connection with Swarupnagar Police Station Case No. 58 dated 30.01.2020 under Sections 498A/307/34 and adding Section 304B of the Indian Penal Code.
And
In the matter of : Alim Mondal & Anr.
……Petitioners.
Mr. Ritam Ghosh, Advocate,
……for the Petitioners.
Mr. S.S. Imam, Ld. S.G.A., Mr. S. Kundu, Advocate,
……for the State.
The petitioners’ earlier application under Section 438 of the Code was rejected by a co-ordinate Bench of this Court on 24.12.2020 in CRM 10639 of 2020. This is a second application filed by the petitioners without any substantial change in the circumstances of the case.
In view of the same, the application is not maintainable and as such is rejected.
Accordingly, C.R.M. 2371 of 2021 is dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
2
(Suvra Ghosh, J.)
(Arijit Banerjee, J.)
2 issues framed by the court
Whether an application for anticipatory bail as a second application without substantial change in circumstances is maintainable after a rejection by a co-ordinate Bench?
Whether to reject the application for anticipatory bail?
2 provisions across 2 enactments
Alim Mondal & Anr.
State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
