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Judgment
Arindam Lodh, J
Heard Mr. J. Bhattacharjee and Mr. Sajib Ghosh, learned counsel appearing for the accused-applicants. Also heard Mr. R. Datta, learned PP appearing for the respondent-State.
The applicants have filed the present application for releasing them on anticipatory bail under Section 438 of Cr.P.C since they are under serious apprehension that they will be arrested in connection with Airport P.S. case No.2023/ARP/018 under Sections 341/326/307/506/148 of the Indian Penal Code, 1860 and Section 27(1) of the Arms Act, 1959.
Mr. Bhattacharjee, learned counsel appearing for the applicants has submitted that the instant case is the result of political rivalry. The accused persons belong to CPIM party.
On the other hand, Mr. Datta, learned PP has submitted that all the accused persons are absconding and the police personnel have failed to arrest the accused persons till today. Non-bailable warrant of arrest has been issued by the Court of learned Judicial Magistrate, First Class on the prayer of Investigating Officer.
According to learned PP, when warrant of arrest is issued, then, according to decisions of the Hon’ble Supreme Court, the accused person should not be released on anticipatory bail. To substantiate his submission, learned PP has pressed into service the decisions of the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Pradeep Sharma reported in AIR 2014 SC 626 and the case of State of Haryana vs. Dharamraj(SLP (Crl.) No. 2256/2022) dated 29.08.2023 where the Hon’ble Supreme Court has referred to its earlier decisions in this regard clarifying the position of law as envisaged under Section 82 of the Cr.P.C.
On consideration of the submissions of learned counsel appearing for the parties and having perused Section 82 of the Cr.P.C. and the essentialities as required under Section 438 of Cr.P.C. for granting anticipatory bail, it is necessary to peruse the injury report of the injured persons, who filed the complaint.
For this purpose, learned PP has sought for some accommodation.
Prayer stands allowed.
List the matter on 16.10.2023.