SAMBHU HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This reference has been made owing to difference in opinion between two Hon'ble Judges of this court in the matter of disposal of an application for anticipatory bail in connection with Bongaon Police Station case No.350 dated 03.07.2011 under Sections 147/148/149/333/325/326/353/307/427 /34 of the Indian Penal Code and Sections 3 and 4 of the P.D.P.P Act.

(2.) The facts of the case is that on 3rd July, 2011 at about 10 p.m., an unruly mob being agitated over the death of a young girl, who died while giving birth, purportedly due to medical negligence ransacked the medical institution and also attacked police personnel causing injuries upon them as well as damage to public property. The petitioner and two others were named as accused persons in the first information report. The petitioner was not arrested in the course of investigation and in conclusion thereof charge sheet was filed wherein the police showed him as an absconder and prayed for issuance of warrant of arrest, proclamation and attachment. It, however, appears from the records that the Magistrate has not declared the petitioner as a proclaimed offender by issuing proclamation against him under section 82 of the Code of Criminal Procedure. Warrant of arrest, however, was issued against the petitioner on the prayer of the investigating agency. The petitioner applied for pre-arrest bail in October, 2013.

(3.) After hearing the parties, an Hon'ble Division Bench of this Court differed in granting of relief to the petitioner. While Mhatre, J., was of the opinion that the petitioner may be granted pre-arrest bail, Chatterjee, J., was of the view that the application was liable to be rejected.