The High Court dismissed an application for anticipatory bail under Section 438 CrPC as default, noting that neither the petitioners nor their counsel appeared before the court on the hearing day despite multiple listings.
The application for anticipatory bail (CRM 2804 of 2021) was dismissed.
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.
4 27-09-2021 (ct. no.32) KOLE
CRM 2804 of 2021
In the matter of : Khabir @ Khabirul Khan & Anr.
.... Petitioners. Mr. P. Kr. Dutta, Mr. S. Deb Roy,
… For the State.
This matter was called on for hearing on several occasions. Nobody appeared for the petitioners. We had directed this matter to be listed under the heading “For Dismissal”. Today, the matter has been so listed.
Today also nobody appears in support of this application for anticipatory bail. It seems that the petitioners are not interested to proceed with this application.
CRM 2804 of 2021 is, accordingly, dismissed for default.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
1 issue framed by the court
Whether an application for anticipatory bail filed by default of appearance should be dismissed.
2 provisions across 2 enactments
Khabir @ Khabirul Khan & Anr.
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
