This rejection order dealt with an application for anticipatory bail. The court rejected the plea, noting the grievous nature of the offence and the likely quantum of punishment, despite the petitioner's gender. Prayers are dismissed.
Anticipatory bail application rejected and dismissed.
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11.08.2023 C.R.M. (A) 3017 of 2023 SL. 6 Court No. 29 Suvayan In Re: - An application for anticipatory bail under Section 438 of (Rejected) the Code of Criminal Procedure filed in connection with Jamalpur Police Station Case No. 324 of 2022 dated 20.10.2022 under Sections 304/201/34 of the IPC. And In the matter of: Shakuntala Hansda ….petitioner. Mr. Arpan Mondal …for the petitioner. Mr. Saibal Bapuli, APP Mr. Arijit Ganguly Mr. Avik Ghatak …for the State. 1. Heard learned Counsel for both the parties. 2. Considered the materials placed by them including the statement of the witnesses recorded under Section 161 Cr.P.C. and the postmortem report. According to the eyewitnesses the present petitioner assaulted the deceased on his head with a ‘lathi’ (bamboo stick) and death of the deceased is owing to the head injury as per the postmortem report. Regarding being had to the grievousness of the offence and the quantum of punishment prescribed, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner, though she is a lady. 3. Before pertaining with the order, we feel persuaded to observe here that at the time of framing of charge learned Trial Court shall consider whether the charge should be framed under Section 302 or Section 304 IPC without routinly the following the charge-sheet.
2
(Chitta Ranjan Dash, J.)
(Partha Sarathi Sen, J.)
3
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving assault and death.
Whether the court was inclined to exercise discretion under Section 438 Cr.P.C. favouring the petitioner.
2 provisions across 2 enactments
Shakuntala Hansda
State
Chitta Ranjan Dash
Partha Sarathi Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
