SUSANTA GHOSH versus STATE OF WEST BENGAL

Citation: [2012] 1 S.C.R. 829 · Decided: 03-02-2012 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off

Judgment (excerpt)

[2012) 1 S.C.R. 829 
SUSANTA GHOSH 
v. 
STATE OF WEST BENGAi_ 
(Criminal Appeal No. 310 of 2012) 
FEBRUARY 03, 2012 
[ALTAMAS KABIR AND GYAN SUDHA MISRA, JJ.] 
Bail: 
A 
B 
Death of seven persons - Three FIRs lodged earlier - c 
Appellant. a member of Legislative Assembly not named in 
the three FIRs - Named in the fourth FIR lodged after 9 years 
- Allegation against appellant that he entered into a criminal 
conspiracy with other accused persons in order to cause 
deaths of seven victims who were allegedly members of 0 
political party - Bail application - Rejected by High Court - On 
appeal, held: Appellant's prayer for bail is allowed - There was 
no mention of the appellant's name or alleged role in the 
incident in the three FIRs - Appellant was arrested in 
connection with a FIR lodged 9 years after the incident -
E 
During all these years there was no a/legation that he had 
interfered with the investigation - Furthermore, in connection 
with this case he was also granted anticipatory bail - There 
was nothing to indicate that such privilege was either abused 
or misused by the appellant - Tampering with the evidence 
or the investigation is no longer relevant since charge-sheet 
F 
has already been filed in the case - Since appellant is a 
sitting MLA, the possibility of his absconding is remote -
Appellant be released on bail to the satisfaction of the trial 
Court subject to conditions as imposed by trial court. 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 310 of 2012. 
G 
H 
830 
SUPREME COURT REPORTS 
[2012] 1 S.C.R. 
A 
From the Judgment & Order dated 29.9.2011 of the High 
Court of Calcutta in C.R.M. No. 7982 of 2011. 
Ajay Sharma for the Appellant. 
Kalyan Bandopadhyay, Abhijit Sengupta for the 
B Respondent. 
c 
The Order of the Court was deiivered by 
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 of2011, which 
o 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 6th June, 2011, under Sections 147, 148, 149, 
448, 326, 307, 302, 506, 201 and 120-B of the Indian Penal 
E 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 20th August, 2011, passed by the Chief Judicial 
F 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 
G 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 
H had not been named. The first FIR was lodged by one Nemai 
SUSANTA GHOSH v. STATE OF WEST BENGAL 
831 
[ALTAMAS KABIR, J.] 
Ch. Sarkar, which was recorded as FIR No.59 dated 22nd 
September, 2002 of Keshpur PS, Paschim Medinipur, under Sectio 
s 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. 
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 
deceased, Smt. Chandana Acharya, which was recorded as 
Keshpur PS Case No.61 dated 26th September, 2002, under 
Sections 148, 149, 448, 326, 307, 364 and 506 IPC read with 
Sections 25 and 26 of the Arms Act. 
6. As will be apparent from the three FIRs, the first two 
related to the incident in which seven persons, including the 
father of the third complainant, Ajoy Acharya, were killed at 
Piyasala Village and their bodies were removed to and buried 
at Daser Bandh, Keshpur. As indicated hereinabove, in none 
of the above FIRs was the Appellant named, nor was he 
included in the charge-sheets w

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