SUSANTA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal is directed against the judgment and order dated 29 th September, 2011, passed by theDivision Bench of the Calcutta High Court in C.R.M. No.7982 of 2011, which was an application for grant of bail under Section 439 of the Criminal Procedure Code, hereinafter referred to as "Cr.P.C.", in connection with Anandapur Police Station Case No.36 of 2011, dated 6 th June, 2011, under Sections 147, 148, 149, 448, 326, 307, 302, 506, 201 and 120-B of the Indian Penal Code read with Sections 25 and 27 of the Arms Act, corresponding to G.R. Case No.1364 of 2011, pending before the learned Chief Judicial Magistrate, Paschim Medinipur. The Appellant had moved the High Court for bail against the order dated 20 th August, 2011, passed by the Chief Judicial Magistrate, Paschim Medinipur, rejecting his prayer for bail and remanding him to jail custody.

(3.) The Appellant is an elected Member of the West Bengal Legislative Assembly. His prayer for bail is based mainly on the ground that on account of political vendetta he has been named as an accused in a First Information Report which was lodged on 5 th June, 2011, in respect of an incident which occurred on 22 nd September, 2002, and in respect whereof three separate FIRs had been lodged, two on the date of incident itself and one on 26 th September, 2002, in which he had not been named. The first FIR was lodged by one Nemai Ch. Sarkar, which was recorded as FIR No.59 dated 22 nd September, 2002 of Keshpur PS, Paschim Medinipur, under Sections 148, 149, 307 and 302 IPC read with Sections 25, 27 and 35 of the Arms Act as also Section 9(b) of the Indian Explosives Act.