The Court dismissed an application for anticipatory bail under Section 438 CrPC as infructuous because the petitioners had surrendered before the lower court and were already granted bail during the pendency of the application.
The application for anticipatory bail is dismissed as infructuous.
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01.07.2021 Court No.30 Item No.13 Avijit Mitra
CRM 2664 of 2020 (Via video Conference)
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Salar Police Station Case No.21 of 2020 dated 07.02.2020 under sections 420/406/506/34 of the Indian Penal Code;
And
In Re: Anil Hazra @ Anil Kumar Hazra & anr.
… Petitioners
Mr. Swapan Banerjee, Mr. Suman De
...For the State
No one appears on behalf of the petitioners.
Mr. De, learned advocate appearing for the State submits that during pendency of the present application, the petitioners surrendered before the learned Court below and were granted bail. Let the report, as produced, be kept on record.
In view thereof, the present application being CRM 2664 of 2020 has become infructuous and is, accordingly, dismissed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether the application for anticipatory bail is maintainable when the petitioner has already been granted bail on subsequent surrender.
1 provisions across 1 enactments
Anil Hazra
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
