JUDGEMENT
-
(1.) Leave granted.
(2.) This Appeal is directed against the judgment
and order dated 29
th
September, 2011, passed by theDivision Bench of the Calcutta High Court in C.R.M.
No.7982 of 2011, which was an application for grant
of bail under Section 439 of the Criminal Procedure
Code, hereinafter referred to as "Cr.P.C.", in
connection with Anandapur Police Station Case No.36
of 2011, dated 6
th
June, 2011, under Sections 147,
148, 149, 448, 326, 307, 302, 506, 201 and 120-B of
the Indian Penal Code read with Sections 25 and 27
of the Arms Act, corresponding to G.R. Case No.1364
of 2011, pending before the learned Chief Judicial
Magistrate, Paschim Medinipur. The Appellant had
moved the High Court for bail against the order
dated 20
th
August, 2011, passed by the Chief
Judicial Magistrate, Paschim Medinipur, rejecting
his prayer for bail and remanding him to jail
custody.
(3.) The Appellant is an elected Member of the West
Bengal Legislative Assembly. His prayer for bail
is based mainly on the ground that on account of
political vendetta he has been named as an accused
in a First Information Report which was lodged on
5
th
June, 2011, in respect of an incident which
occurred on 22
nd
September, 2002, and in respect
whereof three separate FIRs had been lodged, two on
the date of incident itself and one on 26
th
September, 2002, in which he had not been named.
The first FIR was lodged by one Nemai Ch. Sarkar,
which was recorded as FIR No.59 dated 22
nd
September, 2002 of Keshpur PS, Paschim Medinipur,
under Sections 148, 149, 307 and 302 IPC read with
Sections 25, 27 and 35 of the Arms Act as also
Section 9(b) of the Indian Explosives Act.;
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