LAKSHMAN SETH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for bail in connection with a case relating to the offences punishable under Sections 147/148/149/364/326/307/367/368 of the Indian Penal Code and Sections 25/27 of the Arms Act, 9(B) I.E. Act added Sections 302/ 201/120B of the Indian Penal Code, which was registered vide Nandigram Police Station Case No. 282 of 2007.

(2.) Heard learned Advocates for parties and perused the case diary.

(3.) On the other hand, learned Public Prosecutor strongly opposed the prayer for bail and submitted that the petitioner has no respect for the law of the land, he evaded both Court process i.e. summons and warrant of arrest and that is why he was arrested from a remote place at Mumbai. The Learned Public Prosecutor also contended that Sri Seth actively hatched up conspiracy to attack the opponent party. It was submitted by him that since the petitioner belonged to the then ruling party and because of his influence neither any witness unfolded their involvement in the abduction of seven innocent persons and their murder nor the investigating agency dared to proceed against them. Subsequently an application for writ of habeas corpus, moved by the wives of some victims and pursuant to the order passed by the Hon'ble Court, the C.I.D. took up further investigation. The Learned Public Prosecutor submitted that the petitioner's complicity in the commission of the said offences transpired later as would be evident from the statement of witnesses recorded during further investigation. It would further be evident from the statement of the witness that Lakshman Seth was found in the meeting at Kalagachia party office with other leaders on 4.11.2007 and the accused suggested to eliminate some of the members of BUPC and he will manage the police. It was stated by him that Sri Seth was escorted by police party through the vehicle