Petitioners sought anticipatory bail under Section 438 CrPC in connection with Entally PS Case No. 128 of 2022. The State revealed all petitioners were arrested pending the application, rendering the plea infructuous.
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30.08.2022 Serial no. 04 [Dd] (Anticipatory bail) (Dismissed as infructuous)
CRM (A) 3851 of 2022
In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Entally Police Station Case No. 128 of 2022 dated 29.04.2022 under Sections 332/353/114 of the Indian Penal Code.
-And-
In the matter of : Rukhshar Begum @ Neha Khatun & Ors.
… …Petitioners
Mr. Asis Bhattacharyya, Advocate
… … For the Petitioners
Mr. Navanil De, Advocate
… …For the State
Petitioners renew the prayer for anticipatory bail.
Learned advocate appearing for the State submits that all the petitioners stand arrested during the pendency of the application.
In such circumstances, CRM (A) 3851 of 2022 is dismissed as infructuous .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether a petition for anticipatory bail under Section 438 CrPC should be decided when the petitioners have already been arrested and are in custody during the pendency of the application.
2 provisions across 2 enactments
Rukhshar Begum @ Neha Khatun & Ors.
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
