DEBIPRASAD SENGUPTA, ARUN KUMAR

( 1 ) RE : An appln. u/s 439 Cr. P. C. filed on 24. 3. 05 in connection with nandigram P. S. Case No. 57 of 1994 under section 323/436/34 IPC.

( 2 ) THIS is an application for bail under section 439 Cr. PC. FIR was lodged under section 323/436/34 IPC. On completion of investigation, a final report recommending discharge of the accused persons was submitted by the investigating agency. The learned Magistrate refused to accept such final report and on the basis of a protest petition filed by the complainant, took cognizance of the offence and issued process against the accused persons. The FIR which was initially lodged, was treated as a complaint. The learned Magistrate examined the complainant and his witnesses and took cognizance of the offence. The petitioners prayed for anticipatory bail before the learned Sessions Judge on 3. 5. 1994 and the said application was allowed and anticipatory bail was granted on 15. 6. 1994 in their favour. The final report as aforesaid was submitted thereafter. The petitioners surrendered before the learned Magistrate on 9. 12. 2004 and prayed for regular bail which was rejected by the learned magistrate and the peti

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