Single Bench quashes bail for an accused involved in an acid attack where the lower court failed to consider the heinous nature of the crime. An earlier bail order for a different accused in a similar case is upheld as no acid attack was proven.
Bail granted in CRM (DB) 636 of 2022 set aside; Bail granted in CRM 2487 of 2021 confirmed.
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18.04.2022 Serial no.86 & 87
Aloke Ct. No. 29
CRM 2487 of 2021
In re : An Application under Section 439(2) of the Code of Criminal Procedure.
In the matter of : Chanpa Kora
… …Petitioner AND
CRM (DB) 636 of 2022
In the matter of : Kashinath Konra @ Kashinath Kora … …Petitioner
Mr. Satadru Lahiri, Advocate Mr. Sanat Kr. Das, Advocate Mr. Sujon Chatterjee, Advocate Mr. Safdar Azam, Advocate Mr. Sirsho Dasgupta, Advocate … … For the Petitioner
Mr. Saibal Bapuli, ld. APP Mr. S. Santra, Advocate … … For the State in CRM 2487 of 2021 Mr. Debabrata Chatterje, ld. APP Ms. Sonali Das, Advocate Mr. Musumi Sarkar, Advocate … … For the State in CRM (DB) 636 of 2022 Mr. Uday Sankar Chattopadhyay, Advocate Mr. Santanu Maji, Advocate Ms. Snigdha Saha, Advocate Mr. Pronay Basak, Advocate Mr. Surya Das, Advocate Ms. Trisha Rakshit, Advocate
… … For the Opposite Parties
The two applications for cancellation of bail are taken up for analogous hearing as they involve the same victim, Chanpa Kora. The victim Chanpa Kora claims that there was acid attack on her. The victim apparently filed at least two police complaints on the issue. One of the police complaints is the Jamalpur P.S. Case No. 43 of 2021 dated February 10, 2021. In such police case, the Sessions Court granted bail to the private-opposite party by the order dated June 28, 2021.
2
The Sessions Court considered the materials on record in the case diary including the statement recorded and the medical and other documents available, nature of allegations, materials collected, facts and circumstances and the period of detention undergone by the private opposite party and granted bail to the private opposite party.
The case diary contains injury reports of Chanpa Kora. The injury reports shows that the victim suffered acid attack.
Considering the heinous nature of the crime as appearing from the materials in the case diary, we are of the view that the learned Sessions Judge did not consider the nature of the crime and the fact that the victim suffered acid attack.
In such circumstances, we are of the view that the learned Sessions Judge erred in granting bail to the private opposite party. Consequently, the bail granted to the private opposite party by the order dated June 28, 2021 is set aside.
CRM (DB) 636 of 2022 is allowed.
So far as the other application for cancellation of bail is concerned, we find from the materials in the case diary, the victim did not suffer any acid attack injuries in such case. Consequently, we do not interfere with the order granting bail to the private opposite party in CRM 2487 of 2021. Consequently, CRM 2487 of 2021 is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail should be cancelled where the Sessions Court erred in not considering the victim suffered an acid attack in a heinous crime.
Whether the bail order should be quashed where the victim in a different case did not suffer acid attack injuries.
1 provisions across 1 enactments
Chanpa Kora
Kashinath Konra @ Kashinath Kora
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
