MANU/SC/0094/2012

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 310 of 2012 (Arising out of SLP (Crl) No. 9350 of 2011)

Decided On: 03.02.2012

Appellants: Susanta Ghosh Vs. Respondent: State of West Bengal

Hon'ble Judges/Coram:
Altamas Kabir and Gyan Sudha Misra

ORDER

Altamas Kabir, J.

1. Leave granted.

2. This Appeal is directed against the judgment and order dated 29th September, 2011, passed by the Division 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 Code of Criminal Procedure, hereinafter referred to as "Code of Criminal Procedure.", in connection with Anandapur Police Station Case No. 36 of 2011, dated 6th June, 2011, under Sections 147, 148, 149, 448, 326, 307, 302, 506, 201 and 120-B of the IPC 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 20th 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 5th June, 2011, in respect of an incident which occurred on 22nd September, 2002, and in respect whereof three separate FIRs had been lodged, two on the date of incident itself and one on 26th 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 22nd September, 2002 of Keshpur PS, Paschim Medinipur, under Sections 148, 149, 307 and 302 Indian Penal Code read with Sections 25, 27 and 35 of the Arms Act as also Section 9(b) of the Indian Explosives Act.

4. The second FIR was lodged by one Shri Debashish Roy, the Station House Officer of Keshpur Police Station, on the same day and in respect of the same incident, which was recorded as FIR No. 60 dated 22nd September, 2002, under similar provisions.

5. The third FIR was lodged by the daughter of the de........