The High Court dismissed an application for bail under Section 439 CrPC filed in a narcotics case as it was made for default due to the petitioner's non-appearance and inactivity since January 2016.
Bail application C.R.M. 21 of 2016 dismissed for default.
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18.06.2021
Court No.30 KMrp/ 19
C.R.M. 21 of 2016 with CRAN 59 of 2016
(Via Video Conference)
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Special Case No.37 of 2015, arising out of Burdwan Police Station Case no.729 of 2015 dated 28.07.2015 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;
And
….Petitioner. Mr. S. S. Imam, Mr. Subrata Roy ….for the State
This is an application for bail.
No one appears on behalf of the petitioner though the learned advocate appearing for the State is present. No steps have been taken by the petitioner after the matter was last heard on 8th January, 2016. It appears that the petitioner is no longer interested to proceed in the present matter.
In view thereof, the present application for bail, being CRM 21 of 2016, is dismissed for default.
The application for interim bail, being CRAN 59 of 2016, has already been disposed of earlier.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Md. Nizamuddin, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether to entertain the bail application when the petitioner has failed to appear and stayed beyond the last hearing date.
2 provisions across 2 enactments
An application for bail
The State
Md. Nizamuddin
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
