Pre-arrest bail petition dismissed. Court held insufficient grounds for bail owing to incriminating materials in case diary. Petitioner directed to surrender for regular bail consideration.
Petition for pre-arrest bail dismissed; petitioner directed to surrender for regular bail consideration.
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| Noting by Officer o Advocate |
r Serial No. |
Date | Office notes, reports, orders or proceedings With signature |
|---|---|---|---|
| Saikat | A.B. 96 of 2017 B E F O R E THE HON’BLE MR. JUSTICE S.TALAPATRA 11.10.2017 Heard Mr. PK Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor appearing for the State-respondent. This is a petition under Section 438 of the Cr.P.C for pre- arrest bail in favour of the petitioner in connection with Kakraban police station case No. 23/2017 under Sections 380/34 of the IPC. Mr. Biswas, learned senior counsel has submitted that the information was lodged in the police station on 04.04.2017 and based on which the present police case under reference was registered. In the said FIR only disclosure of involving the petitioner is that one mobile phone was recovered from the place of occurrence and when against a missed call, the informant’s son returned the call, someone identified himself as Saddam Hossain, the name of the petitioner. Mr. Biswas, learned senior counsel has strenuously argued that this cannot be the basis of framing someone in a criminal case. Be that as it may, Mr. Debnath, learned Additional PP has produced the case diary wherefrom sufficient incriminating materials against the petitioner are available and as such this court is not inclined to grant pre-arrest bail in favour of the petitioner. Accordingly, this petition is dismissed. However, the petitioner may surrender before the competent Magistrate and the Magistrate shall on the basis of perusal of the case diary may consider the prayer for bail without being influenced by decision of this court. The case diary so submitted is returned. JUDGE |
1 issue framed by the court
Whether pre-arrest bail should be granted in connection with case under Sections 380/34 IPC where mobile phone bearing miss-calling details was recovered at the place of occurrence.
Petitioner
State
S. Talapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
