Saswati Pal @ Swasati Paramanick @ … vs Unknown on 26 July, 2017

1

26.07.2017

Item No.1145
(rejected)
SB C.R.M. 5792 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20.06.2017

In the matter of :

Saswati Pal @ Swasati Paramanick @ Pramanik,
…….petitioner.

Mr. Sibaji Das,
Mr. Palash Bapari …for the petitioner.

Mr. P. K. Dutta,
Mr. Subrata Roy
…for the State.

Apprehending arrest in course of investigation of Khanakul
P.S. F.I.R. No. 18 of 2017 dated 04.01.2017 under Sections
498A/304B/302 of the Indian Penal Code, the petitioner has
applied for anticipatory bail.

Mr. Das, learned advocate appearing for the petitioner
submits that although this is the second application for
anticipatory bail after rejection of the earlier application by order
dated 15.02.2017 passed in C.R.M. 477 of 2017, there has been
substantial change of circumstances warranting presentation of
this application and grant of relief claimed therein.

Responding to our query regarding substantial change of
circumstances, Mr. Das submits that police report under Section
173(2) of the Code of Criminal Procedure (charge-sheet) has
already been submitted before the relevant magistrate upon
completion of investigation under Sections 498A/304B/306 and
this should be considered as substantial change of circumstances
and that custodial interrogation of the petitioner is not necessary.

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We are afraid we cannot agree with Mr. Das. We have
perused the materials in the case diary. In our view, filing of
charge-sheet strengthens the case of the prosecution and it cannot
be construed as such a change of circumstances that would enure
to the benefit of the petitioner and persuade us to grant the prayer
for anticipatory bail.

The application for anticipatory bail, thus, stands rejected.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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