PRIYOBRATA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in the CRM saying that he is apprehending arrest in connection with Rejinagar P.S. Case No.143 of 2013 dated June 22, 2013 under ss.302/326/307/34 IPC is seeking bail under s.438 CrPC.

(2.) Mr . Mukherjee appearing for the petitioner has submitted as follows. The order of the court below dated July 18, 2013 at p.12 will show that the petitioner was granted interim anticipatory bail in the case. The order of the court below dated September 7, 2013 at p.13 will show that the interim bail was cancelled on the grounds that Krishnaganj P.S. Case No.577 of 2013 dated September 2, 2013 under ss.302/34 IPC was instituted against the petitioner. In fact, it was a Kaliganj P.S. Case. The order of this court dated December 9, 2013 at p.23 will show that in Kaliganj P.S. Case No.577 of 2013 the petitioner was granted anticipatory bail. The order of this court dated December 9, 2013 at p.10 will show that the petitioner did not proceed with his prayer for anticipatory bail in Rejinagar P.S. Case No.143 of 2013; and that anticipatory bail prayer of seven other accused in the case was rejected on the grounds that proclamation had been issued under s.82 CrPC on October 4, 2013. It is to be examined whether any proclamation has been issued against the petitioner.

(3.) Mr . Dutta appearing for the State has produced the case diary and submitted as follows. The petitioner not proceeding with his anticipatory bail prayer on December 9, 2013, is not entitled to make the prayer twice over, because he did not seek leave to file a fresh application. The memo of evidence dated May 14, 2014 prepared by the investigating officer will show that proclamation issued under s.82 and attachment order issued under s.83 were executed against the petitioner.