The court dismissed an application for anticipatory bail under Section 438 CrPC as unmaintainable. No advocate appeared for the petitioner, who had been arrested in connection with offences under Sections 498A, 307, and 34 IPC.
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6 23.08.2022 (AD) C.R.M. (A) 3961 of 2022 Court No.29 (Dismissed In Re: - An application for anticipatory bail under Section 438 of as not the Code of Criminal Procedure in connection with Chopra P.S. maintainable) Case No. 24 of 2022 dated 08.01.2022 under Sections 498A/307/34 of the Indian Penal Code, recorded vide G.R. No.95 of 2022. And In the matter of: - Rajat Das ...petitioner. Mr. Navanil De …for the State. Learned Advocate appearing for the State submits that the petitioner was arrested. None appears for the petitioner. In such circumstances, C.R.M. (A) 3961 of 2022 is dismissed as not maintainable. Report as called for by the order dated August 18, 2022 filed in Court be taken on record. (Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC is maintainable when no advocate appears for the petitioner after his arrest.
Whether C.R.M. (A) 3961 of 2022 is maintainable in the given circumstances.
2 provisions across 2 enactments
Rajat Das
State
Bibhas Ranjan De
Debangsu Basak
As recorded by the court registry
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