The Court rejected an application to cancel anticipatory bail granted to private opposite parties accused in a murder case under Section 302 IPC. The Court found insufficient reason to interfere given the inconclusive post-mortem report.
Application for cancellation of anticipatory bail was rejected.
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20.04.2022 Serial no.86 KS
CRM (DB) 100 of 2022
In re : An Application under Section 439(2) read with Section 482 of the Code of Criminal Procedure.
-And-
In the matter of : Sangita Ghosh
… … Petitioner
Mr. A. Jana Mr. S. Chatterjee … … For the Petitioner Ms. Z. Khan Mr. A. Sarkar
… …For the State
The petitioner seeks cancellation of the bail granted by the order dated August 4, 2021 by the Learned District & Sessions Judge. There is an investigation under Section 302/34 of the Indian Penal Code pending in respect of the death of the victim. The Post Mortem Report is inconclusive as to the cause of death. The Post Mortem Report states that there are no injuries detected on the victim even after dissection and careful observations under hand lens. The Learned Sessions Judge by the order dated August 4, 2021 enlarged the private opposite parties on anticipatory bail after considering the Case Diary. The Learned Sessions Judge returned a finding that he was unable to find any convincing material against any of the private opposite parties in the case. As on date the forensic report is yet to
2
reach the police. No definite opinion can be formed as to the cause of
death.
In such circumstances, we find no reason to interfere with the
order granting the anticipatory bail to the private opposite parties.
CRM (DB) 100 of 2022 is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether the bail granted to the private opposite parties should be cancelled given the inconclusive forensic report regarding the cause of death.
Whether there is any material available to justify interference with the trial court's order granting anticipatory bail.
2 provisions across 2 enactments
Sangita Ghosh
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
