- (1.) Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor. Our attention was drawn to order dated 29.8.2000 passed by G.R. Haider as Sessions Judge-in-Charge, Barasat, in Criminal Misc. Case No. 3572/2000 and the order dated 31.8.2000 passed by Shri B.C. Biswas, Sessions Judge, Barasat, in Criminal Misc. Case No. 3619/2000. Both these orders were passed on applications filed by various accused of the corresponding cases including the present petitioner under Section 438 of the Code. The order dated 29.8.2000 passed by G.R. Haider, Sessions Judge-in-Charge, Barasat, reads as under : "This is an application under Section 438, Cr. P.C. for anticipatory bail of Kalyan Kr. Banerjee, Soma Banerjee, Dulu Banerjee and Maya Rani Dey in a case under Section 498A, I.P.C. Heard learned lawyer for the petitioner and learned Addl. P.P. Call for the C.D. fixing 18.12.2000 for further hearing. Direction is given upon the police not to arrest the petitioner Nos. 2, 3 and 4 till next date of hearing." In other case, namely, Criminal Misc. Case No. 3619/2000 Shri B.C. Biswas, Sessions Judge, Barasat, passed the following order on 31.8.2000 : "This is an application under Section 438, Cr.P.C. for anticipatory bail of Ashoke Kr. Dey in a case under Section 498A. I.P.C. Heard learned Advocate for the petitioner and learned Addl.P.P. perused the application. Call for the C.D. fixing 18.12.2000 for further hearing. Direction is given upon the police not to arrest the petitioner till next date of hearing."
(2.) By order dated 29.8.2000, as quoted above, the petitioner was not given any interim relief though other accused persons were given interim relief and the next date of hearing of the matter was fixed on 18.12.2000. Likewise, Shri B.C. Biswas, Sessions Judge, by his order dated 31.8.2000 granted interim relief to the accused Ashoke Kr. Dey and fixed the next date of hearing on 28.12.2000. In both these orders the accused were directed not to be arrested by the police in connection with the case. Meanwhile, Case Diary was called for.
(3.) Faced with these circumstances as the present petitioner before us was not favoured any interim order, he withdrew his prayer for anticipatory bail and has filed the present application under Section 438 of the Code of Criminal Procedure in this Court.;