The High Court dismissed a petition seeking cancellation of anticipatory bail. Upholding the District & Sessions Judge's order, the Court found no ground to interfere while the forensic report remained inconclusive regarding the cause of death.
Application for cancellation of anticipatory bail is rejected.
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20.04.2022 Serial no.87 KS
CRM (DB) 169 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 19, 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 19, 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) 169 of 2022 is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether the High Court can and should interfere with the order granting anticipatory bail when the forensic report is inconclusive regarding the cause of death.
1 provisions across 1 enactments
Sangita Ghosh
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
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