Court cancelled anticipatory bail granted to opposite parties upon establishment of suppression of rejected applications. Consequential regular bail was also cancelled with directions to surrender.
Anticipatory bail and regular bail cancelled; directions to surrender forthwith.
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95 23.12.2021 (AD) Court No.29
C.R.M. 1351 of 2021 (Via Video Conference)
In Re: - An application for cancellation of bail under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973.
And In the matter of: - Dilruba Parveen ...petitioner. Mr. Bitasok Banerjee … for the petitioner. Ms. Faria Hossain Mr. Aniket Mitra … for the State. Mr. Sanjib Kumar Dan Mr. Saryati Datta … for the opposite party nos.2 to 18.
Petitioner seeks cancellation of bail.
Learned Advocate appearing for the petitioner submits that suppressing the material facts that application for anticipatory bail was rejected twice by the High Court, the petitioner obtained an order of anticipatory bail from the High Court.
State and the opposite parties are represented.
The fact that the opposite parties moved the High Court on two previous occasions for anticipatory bail and that such applications were rejected is undisputed. The fact that the opposite parties suppressed the same from the High Court granting the anticipatory bail is established. The opposite party nos. 2 to 18 obtained regular bail consequent upon the order of anticipatory bail passed by the High Court.
In such circumstances, it would be appropriate to allow the application.
2
The anticipatory bail granted in favour of the opposite party nos.2 to 18 stands cancelled. The consequential order of bail granted by the jurisdictional Court is also cancelled. They will surrender forthwith before the jurisdictional Court.
C.R.M. 1351 of 2021 is disposed of.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail should be cancelled due to suppression of material facts from the High Court?
Whether consequential bail granted by a jurisdictional court must stand cancelled following cancellation of anticipatory bail?
1 provisions across 1 enactments
Dilruba Parveen
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
