PROBHAT BISWAS Vs. STATE

JUDGEMENT

(1.) All these petitioners sought for an order of anticipatory bail before the Id. Sessions Judge 24 Pgs. (North) Barasat and all of them have been favoured with an order of anticipatory bail on 4-5-2009 in connection with Bagda PS Case No. 127 of 2009. dated 26-3-2009 under Section 363/366/372/120-B, IPC in Criminal Misc. Case No. 1429 of 2009.

(2.) On receipt of communication of grant of anticipatory bail in favour of the petitioners the Id. Additional Chief Judicial Magistrate, Bongaon asked the petitioners to furnish bail bond of Rs. 2000/- each with one surety vide his order dated 11 -5-2009 in terms of Id.Sessions Judge's order dated 4-3-2009. The petitioners, however, did not avail of the aforementioned bail order passed in their favour by furnishing appropriate sureties. They preferred another anticipatory bail application under Section 438, Cr. P.C. afresh for the second time before this Court. It has been averred in their petition that they had been to the Court of the Id. Additional Chief Judicial Magistrate, Bongaon after the expiry of the period of two (2) weeks, but such surrender was not accepted by the Id. Additional Chie Judicial Magistrate, Bongaon.

(3.) In view of such averments made in their petition the relevant case record pertaining to G.R. No. 474 of 2009 was called for. On perusal of relevant order sheets, it appears that the accused petitioners did not file any petition intending to surrender before the Court of Id. Additional Chief Judicial Magistrate, Bongaon, on the strength of anticipatory bail order dated 4-5-2009 passed by Id. Sessions Judge, 24 Pgs (North), Barasat. There is also nothing on record to indicate that pursuant to bail order passed by Id. Additional Chief Judicial Magistrate, Bongaon, they furnished bail bonds of Rs. 2000/- each with one surety. It is also significant to note that the petitioners did not move before the Id. Sessions Judge, Barasat for extension of validity period of anticipatory bail order passed in their favour by the Id. Sessions Judge, Barasat.