ANIL DEWAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the petitioners have filed their respective applications under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 for setting aside the order dtd. 21/8/2023, passed by the Learned Additional Sessions Judge, Mal, Jalpaiguri in connection with SC Case No. 157 of 2015 arising out of Mal Police Station Case No. 655 of 2014 under Sec. 302/34 of the Indian Penal Code. Wherein the Learned Judge has rejected the applications of the petitioners filed under Sec. 227 of the Cr.PC.

(2.) On the basis of the written complaint of one Anjan Kumar Medhi, the Mal Police Station registered a case being FIR No. 655 of 2014 dtd. 22/11/2014 under Sec. 302/34 of the IPC, against seven persons and many more 200/250 workers. After registration of the case, the police has started investigation and during investigation, several persons have been arrested and on completion of the investigation, the police has submitted charge-sheet for the offence under Sec. 302/34 of the IPC, against 13 accused persons out of which three accused persons have been shown as absconded accused.

(3.) After submission of the charge-sheet, some of the accused persons have filed an application for bail before the Hon'ble Division Bench of this Court being CRM No. 4352 of 2015. By an order dtd. 30/6/2015, the Hon'ble Division Bench of this Court held that the investigation has not done properly and enough clues are already available in the case diary. The Hon'ble Court has directed to change the Investigating Officer and to appoint a proper and competent person to investigate into the matter and rejected the bail application.