On an application for cancellation of bail arising after seven years of bail enjoyment, the Court held that delay defeats justice and dismissed the application for lack of merit.
The bail cancellation application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10.02.2022 Item No.08 suman Ct.42
(Via Video Conference)
CRM 7471 of 2015
In Re. An application under Section 439(2) of the Code of Criminal Procedure.
And
Snigdha Karmakar
Vs. The State of West Bengal & Anr.
None appears on behalf of the petitioner.
It is found that the instant application for cancellation of bail is pending since 2015. The accused has been enjoying bail since 5th August, 2015. After seven years the instant application has come for consideration when the petitioner is absent.
In view of settled principle that delay defeats justice, this Court is of the view that after seven years of enjoyment of bail there is hardly any merit to cancel the order of bail.
Accordingly, the instant application is summarily
dismissed.
(Bibek Chaudhuri, J.)
2
1 issue framed by the court
Whether to cancel the bail order granted seven years ago in a pending application.
1 provisions across 1 enactments
Snigdha Karmakar
The State of West Bengal & Anr.
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
