- (1.) The petitioner has approached this Court with a prayer for bail in connection with a case relating to the offences punishable under Sections 147/148/149/364/326/307/367/368 of the Indian Penal Code and Sections 25/27 of the Arms Act, 9(B) I.E. Act added Sections 302/ 201/120B of the Indian Penal Code, which was registered vide Nandigram Police Station Case No. 282 of 2007.
(2.) Heard learned Advocates for parties and perused the case diary. Mr. Bikash Ranjan Bhattacharjee, learned senior Advocate appearing for the petitioner submits that in continuation of his argument advanced previously while praying for bail of Sri Lakshman Seth and some others in C.R.M No.7639 of 2012 with C.R.M. No. 7784 of 2012 no further submission is needed except the fact that after the last rejection of the bail prayer on 18.5.2012 the detention period of the present accused has stood now to 118 days and no further development is forthcoming in the meantime. So, he prays for bail. He reiterated the previous argument by stating that the petitioner is a very respectable person, having a deep root in the society and being a permanent resident of the place indicated in the cause title. And not only this, Sri Seth was Member of Parliament twice. It was further submitted by learned Advocate that the accused is absolutely innocent and has been tagged in this case at a very belated stage with in view to wreaking vengeance on him out of political rivalry. It was further contended by the learned Advocate for the petitioner that the aforesaid case was registered initially in 2007 and after conclusion of investigation, C.I.D. submitted charge-sheet in November, 2010 against 22 accused persons but there C.I.D. did not include the present petitioner, meaning thereby that no material surfaced implicating the petitioner in the commission of alleged offence but after further investigation, supplementary charge- sheet has been filed against him for alleged offences including offences of conspiracy and fabricating of false evidence etc. It was also submitted by the learned Advocate that further detention of the petitioner will serve no purpose.
(3.) On the other hand, learned Public Prosecutor strongly opposed the prayer for bail and submitted that the petitioner has no respect for the law of the land, he evaded both Court process i.e. summons and warrant of arrest and that is why he was arrested from a remote place at Mumbai. The Learned Public Prosecutor also contended that Sri Seth actively hatched up conspiracy to attack the opponent party. It was submitted by him that since the petitioner belonged to the then ruling party and because of his influence neither any witness unfolded their involvement in the abduction of seven innocent persons and their murder nor the investigating agency dared to proceed against them. Subsequently an application for writ of habeas corpus, moved by the wives of some victims and pursuant to the order passed by the Hon'ble Court, the C.I.D. took up further investigation. The Learned Public Prosecutor submitted that the petitioner's complicity in the commission of the said offences transpired later as would be evident from the statement of witnesses recorded during further investigation. It would further be evident from the statement of the witness that Lakshman Seth was found in the meeting at Kalagachia party office with other leaders on 4.11.2007 and the accused suggested to eliminate some of the members of BUPC and he will manage the police. It was stated by him that Sri Seth was escorted by police party through the vehicle "bearing no. WB-30C/ 8030 (Tata Sumo) for visiting Kalagachia party office which was reflected in the Logbook. Lastly, the learned Public Prosecutor of course was candid to submit that the investigation is still continuing but no further development so far as the case of Lakshman Seth is concerned has surfaced. He added that some senior police officers who were posted at the. relevant time in the district are being examined to prove further complicity of the petitioner at the behest of the petitioner, police camp was removed from the place. The Learned Public Prosecutor drew o.ur attention to the statements dated 24.5.2012 of witness Sri Anup Bhushan Bhora, IPS, Ex-DGP and IGP of West Bengal and of Sri Debasish Banerjee, Inspector of Poiice recorded on 7.7.2012.;