The High Court at Calcutta disposed of an application for cancellation of bail in a cheque dishonour and cheating case. It held the application infructuous as the dispute was settled and the lower court had prayed for discharge of the accused.
[None granted.
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09-03-2021 subha Item no.02
IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction
CRM 2444 of 2020
Manoyara Bibi.
-vs-
The State of West Bengal (Via video-conference)
In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
In Re : An application for cancellation of bail under Section 439(2) Cr.P.C in connection with G. R . Case No. 4338 of 2019 arising out of Basirhat P. S. Case No. 1088 of 2019 dated 14-10-2019 under Sections 420/406 of the Indian Penal Code and 138/142 of the N. I. Act, 1881.
Mr. Kallol Kumar Basu Mr. Jammut Ul Firdous
Mr. Madhusudan Sur Mr. Dipankar Pramanick
Mr. Basu, learned advocate appearing on behalf of the de facto complainant/petitioner is present in court.
Mr. Sur, learned Additional Public Prosecutor appearing for the State files Photostat copy of the report under Section 173(5) of the Code of Criminal Procedure which has been filed before the concerned Magistrate. Let the same be kept with the record. The said report submitted by the police authorities reflects that the dispute has been settled and the prayer which was submitted before the learned court below is for discharge of the accused person, namely Pradip Kumar Basu. The instant application relates to cancellation of bail. In view of the prayer of the
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Investigating Officer before the learned Magistrate, we are of the opinion that the present application for cancellation of bail has become infructuous. As such, the same is dismissed.
Accordingly, the application being CRM 2444 of 2020 is disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
[Tirthankar Ghosh, J] [Tapabrata Chakraborty, J]
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2 issues framed by the court
Whether the bail cancellation application should be allowed given the dispute has been settled.
Whether the present bail cancellation application has become infructuous due to the settlement of the dispute.
4 provisions across 3 enactments
Manoyara Bibi
The State of West Bengal
Pradip Kumar Basu
Tirthankar Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
