Laxman Biswas @ Lakshan Biswas and Ors. Vs the State of… — Anticipatory Bail | Calcutta HC (2024)

Laxman Biswas @ Lakshan Biswas and Ors. Vs the State of… — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail under section 438 of the Code of Criminal Procedure should be granted to the petitioners (Laxman Biswas @ Lakshan Biswas & Ors.) in connection with Jalangi Police Station Case No. 614 of 2013 / G.R Case No. 2937 of 2013.

Court's answer

This court declined to grant anticipatory bail to the petitioners.

Ratio / Principle

Grounds for the refusal, as stated by the court after perusing the case diary: the materials available in the case diary, the grievous nature of the injury, and the fact that the petitioners were implicated by the injured person and the neighbours.

Key takeaways

The court recorded strong disapproval of the petitioners' conduct, observing that their long absconsion had prevented the trial from progressing.obiter¶6
Personal appearance of the SDPO, Domkal, together with the two Inspectors, was dispensed with.obiter¶9

Detailed headnote1 paragraphs

Anticipatory bail under s.438 CrPC - CRM (A) 2188 of 2024, decided 23.07.2024 (Soumen Sen, J. and Uday Kumar, J.) - REJECTED AND DISPOSED OF. Application by Laxman Biswas @ Lakshan Biswas & Ors. in connection with Jalangi Police Station Case No. 614 of 2013 dated 13.06.2013, corresponding to G.R Case No. 2937 of 2013, under Sections 325/326/308/34 IPC. Perusing the case diary, the court found the injury grievous in nature and the petitioners implicated by the injured person and the neighbours, and declined anticipatory bail; it also expressed strong disapproval that the petitioners' long absconsion had prevented the trial from progressing. Petitioner no. 1 had been arrested during pendency (recorded in the order dated 9th July, 2024). The SP Murshidabad's report of 22nd July, 2024 disclosed a disciplinary proceeding initiated against I.O SI Nirmal Das of Jalangi P.S (presently O.C Islampur P.S) vide Murshidabad Police District Proceeding No. 17/24 dated 21.07.24 and DO No. 2307 dated 21.07.24. Personal appearance of the SDPO, Domkal and the two Inspectors was dispensed with.

23.07.2024 Court No.29 Item No. 31 Rejected ar CRM (A) 2188 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 614 of 2013 dated 13.06.2013 corresponding to G.R Case No. 2937 of 2013 under Sections 325/326/308/34 of the Indian Penal Code. And In Re: Laxman Biswas @ Lakshan Biswas & Ors. Petitioners Mr. Jisan Iqubal Hossain For the Petitioners Mr. Rana Mukherjee, Ld. APP Mr. Subham Kanti Bhakat For the State

Pursuant to our earlier order Mr. Shubham Bajaj, I.P.S, SDPO, Domkal, Murshidabad P.D is personally present in Court along with two Inspectors, namely, Nirmal Das, Sub-Inspector of Police, O/C, Islampur P.S, Murshidabad P.D and Subrata Ghosh, I/C, Halisahar P.S, Barrackpur P.C, North 24 Parganas.

The report dated 22^nd July, 2024 filed today by Superintendent of Police, Murshidabad PD is taken on record. It appears from the said report that disciplinary proceeding has been initiated against I.O SI Nirmal Das of Jalangi P.S, presently posted as O.C Islampur P.S under Murshidabad PD vide Murshidabad Police District Proceeding No. 17/24 dated 21.07.24 and DO No. 2307 dated 21.07.24.

During the pendency of this petition and prior to this matter being taken on 9^th July, 2024, the petitioner no. 1 was arrested. This was duly recorded in the order dated on 9^th July, 2024.

2

We have perused the case diary. We are extremely unhappy with the conduct of the petitioners. Due to their long absconsion, the trial could not progress.

Considering the materials available in the case diary, the nature of injury being grievous in nature and the petitioners have been implicated by the injured and the neighbours, we are not inclined to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected and the same is accordingly disposed of.

Personal appearance of the SDPO, Domkal is dispensed with along with two Inspectors.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J)

(Uday Kumar , J)