1
16 18.1.2019
CRM 9159 of 2018
with
CRAN 76 of 2019
In Re: – An application for anticipatory bail under Section 438 of
gd the Code of Criminal Procedure filed on 05/10/2018 in
connection with Arambagh Women P.S. Case No.09 of 2016
dated 17/02/2016 under Sections 498A/406/307/34 of the
Indian Penal Code and adding Section 302 of the Indian Penal
Code read with Sections 3/4 of the Dowry Prohibition Act.
And
In the matter of: Sk. Jalal @ Sekh Jalaluddin @
Sekh Jalalauddin.
….petitioner.
Md. Khairul Basar Bulbul
…for the Petitioner
Mr. Swapan Banerjee
Mr. Suman De
…for the State
Sufficient grounds have been made out as to why the
petitioner was not represented on January 2, 2019 when CRM 9159
of 2018 was dismissed for default.
The order dated January 2, 2019 is recalled and CRM
9159 of 2018 is restored to the file.
The restoration application, CRAN 76 of 2019, is allowed
as above.
The petition is taken up for immediate hearing.
The State refers to an order dated March 1, 2017 in CRM
1454 of 2017 to demonstrate that an earlier petition for the same
purpose had been filed but was rejected.
In view of the petitioner’s dishonest conduct, the
investigating agency is directed to take the petitioner into custody as
expeditiously as possible. Once the petitioner is taken into custody,
the petitioner will not be entitled to obtain bail till the conclusion of
the trial.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)
