The Court cancelled bail granted to Gopal Chandra Ghosh due to suppression of facts regarding a prior High Court rejection. Bail restrictions were also imposed on Bishal Singha following an allegation of abuse.
Bail of Gopal Chandra Ghosh cancelled; direction for his arrest; Bishal Singha restrained from entering police station jurisdiction.
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27.09.2021 Serial no.46 & 47 Dd
(Through Video Conference)
CRM 72 of 2021 With
CRM 4800 of 2021
In re : An Applications for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
-And-
In the matter of : Netai Das … …Petitioner
Mr. Shibaji Kumar Das,
Mr. Satyabrata Mondal,
Ms. Rupsa Sreemani, Advocates … … For the Petitioner in both applications
Mr. Narayan Prasad Agarwala Ms. Subhasree Patel, Advocates … …For the State in CRM 72 of 2021
Mr. Rana Mukherjee, ld. APP
Ms. Sujata Das,
… …For the State in CRM 4800 of 2021
Mr. Souvik Mitter
Mr. Sumanta Das, advocates
.. …For the OP no. 2 in CRM 72 of 2021
Mr. Debasis Kar Mr. Arindam Jana, Mr. Arif Mondal, advocates
.. …for the OP no. 2 in CRM 4800 of 2021
Affidavit on behalf of Gopal Chandra Ghosh filed in court be taken on record.
Learned advocate appearing for the Gopal Chandra Ghosh seeks mercy of this court for his client. He submits that his client tenders unqualified apology for suppressing the material fact of rejection of his application for bail by the High
2
Court before the jurisdictional court while obtaining bail from the jurisdictional Court.
Learned advocate appearing for Bishal Singha submits that his client will not repeat the alleged incident. He submits that the court may be pleased to direct his client not to enter into the jurisdiction of the police station where the complaint was lodged save and except for the purpose of attending Court.
State and the applicants are represented.
Considering the contents of the affidavit and considering the fact that Gopal Chandra Ghosh obtained an order granting him bail from the jurisdictional Court subsequent to the rejection of the application for bail by the High Court by suppressing such order of rejection from the jurisdictional Court, we cancel the bail granted in favour of Gopal Chandra Ghosh.
Learned advocate appearing for the State submits that Gopal Chandra Ghosh is present in court along with the Investigating Officer as per the earlier direction of this court.
In view of the cancellation of bail of Gopal Chandra Ghosh police will take necessary steps to take him into custody forthwith.
So far Bishal Singha is concerned, there is a report of the police to the effect that he abused the petitioner subsequent to the bail. It would be appropriate to restrain Bishal Singha from entering into the jurisdiction of the local police station where the complaint was lodged save and except for the purpose of reporting to the Investigating Officer of the case or attending the court on the dates of hearing.
Both the applications are disposed of.
(Debangsu Basak, J.)
(Ananda Kumar Mukherjee, J.)
2 issues framed by the court
Whether the bail granted to Gopal Chandra Ghosh should be cancelled due to suppression of facts during its procurement.
Whether conditions should be imposed to restrain Bishal Singha from disturbing the petitioner after release on bail.
1 provisions across 1 enactments
Netai Das
Gopal Chandra Ghosh
Bishal Singha
The State
Debangsu Basak
Ananda Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
