Dismissed

Cj Darcl Logistics Ltd. v. State of West Bengal and Anr.

Calcutta HC3 Jan 2022CRM/6687/2021

Case brief

AI extract

What is this about?

The Court examined an application to cancel bail granted by the lower court. The petitioner alleged perjury regarding a medical certificate concerning the father's health. The Court found no perversity in the bail order and dismissed the application.

What did the court decide?

Application for cancellation of bail dismissed; bail granted by the inferior court and not cancelled.

Cj Darcl Logistics Ltd. Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2022)

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70 03.01.2022 (suvayan) Court No.29 (Dismissed)

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C.R.M. 6687 of 2021 (Via Video Conference)

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In Re: - An application for cancellation of bail under Section 439 (2) read with Section 482 of the Code of Criminal Procedure. And

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In the matter of: CJ DARCL LOGISTICS LTD. ….petitioner. Mr. Suman Ganguly Mr. Aniruddha Bhattacharyya …for the petitioner. Mr. Ranabir Roy Choudhury Mr. Rudradipta Nandy

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…for the petitioner. …for the State.

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Petitioner seeks cancellation of bail granted by the order dated September 4, 2021 by the jurisdictional court.

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Learned Advocate appearing for the petitioner submits that the order granting bail is perverse. It was granted on the basis of a put up petition on which, the accused claimed that the father of the accused was suffering from heart problem when a medical certificate from a dental surgeon was produced.

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On the querry from the Court as to whether the medical certificate spoken of exists on record or not, the answer is in the negative.

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The State is represented.

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None appears for the opposite party no.2, despite service.

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Affidavit of service be filed in Court today be kept with the record.

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The order dated September 4, 2021 records that the father of the accused is sick suffering from various ailments. The order does not describe that any particular ailment that the father of the accused was suffering from. It goes on to record

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satisfaction that no further recovery was made from the possession of the accused person and that the handwriting of the accused person was taken. It goes on to hold that there exists no ground for further custodial detention and then proceed to grant bail to the accused.

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We find no perversity in the order dated September 4, 2021 granting bail to the opposite party no.2.

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Consequently, we are unable to cancel the bail granted in

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favour of the opposite party no.2.

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CRM 6687 of 2021 is dismissed.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

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Cj Darcl Logistics Ltd. v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Cj Darcl Logistics Ltd. v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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