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TMI Blog2012 (2) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedure. , 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sheets which were filed. 7. The cases which arose out of the first two FIRs in which charge-sheets were filed under Sections 148, 149, 302 Indian Penal Code and also under Sections 448, 364 and 506 Indian Penal Code, ended in acquittal of the accused persons who were alleged to have committed the offences complained of. The third case is, however, still pending trial before the learned Additional Sessions Judge, Paschim Medinipur. 8. From amongst a number of skeletons which were recovered from a grave in Daser Bandh, Keshpur, one of the skeletons was identified by one Shyamal Acharya, the younger son of the deceased, on the strength of the clothes which were recovered, together with a set of teeth, which were identified to be that of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e victim, including his daughter, Smt. Chandana Acharya, who had earlier lodged FIR No. 61 dated 25th September, 2002, or the younger son, Shri Shyamal Acharya, who had lodged the fourth FIR, from coming out with the allegation against the Appellant earlier. Mr. Ranjit Kumar submitted that not only was the delay in lodging the FIR, in which the Appellant was indicted, fatal to the prosecution case, but gave rise to a strong suspicion that it was motivated. Mr. Ranjit Kumar also submitted that before the Division Bench of the Calcutta High Court, the Appellant had been granted the benefit of anticipatory bail which was subsequently not extended by the learned trial Judge, who remanded the Appellant to police custody, and, thereafter, bail ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uently established by witnesses who had witnessed the incident and had maintained that the Appellant had been present throughout, until the dead bodies were buried, giving rise to an additional charge under Section 201 Indian Penal Code. 14. Mr. Subramanium submitted that having regard to the grievous and appalling nature of the crime, right from when the murders were committed, till the concealment of the bodies by burying them, the question of granting bail to the Appellant does not arise, especially when charge-sheet has been filed against him and the matter is ready for trial. Learned Counsel submitted that the prayer made on behalf of the Appellant for grant of bail was liable to be rejected. 15. Having considered the submissions made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the witnesses or even the investigation. Tampering with the evidence or the investigation is no longer relevant since charge-sheet has already been filed in the case. As far as absconsion is concerned, the Appellant being a sitting MLA, even such a possibility is remote. There is, of course, the possibility that the Appellant may tamper with the witnesses. However, considering the fact that the matter has been reopened as far as the Appellant is concerned, after an interval of about 10 years, even such a possibility appears to be remote. However, in order to prevent such an eventuality, the Appellant can be put on terms, as was done by the High Court while allowing his prayer for Anticipatory Bail. 18. We, therefore, allow the appeal and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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