Md. Pintu v. the State of West Bengal and Ors.
Case brief
What is this about?
The Division Bench considered an application under Section 439 CrPC seeking cancellation of bail granted to private opposite parties. The court rejected the application, noting lack of evidence regarding subsequent injury to the petitioner and finding no infirmity in the trial court's order.
What did the court decide?
Application for cancellation of bail was rejected.
What the court decided
15.02.2022
CRM (DB) 279 of 2022
Sl. 110 Court No.29 In Re: - An application for cancellation of bail under Section 439 Suvayan (2) of the Code of Criminal Procedure. (Rejected) And In the matter of: Md. Pintu ….petitioner. Mr. Shataroop Purkayastha Ms. Jagriti Bhattacharya … for the petitioner. Mr. Ashok Das Md. Abid Jamal …for the opposite party nos.2 to 4. Ms. Sujata Das
…for the State.
Petitioner seeks cancellation of bail granted by the jurisdictional Court on January 10, 2022.
Learned Advocate appearing for the petitioner submits that the initially an interim bail was granted by the jurisdictional Court on the ground that the injury reports were not in the case diary. Subsequently on January 10, 2020, when the interim bail confirmed, the learned Court did not consider the injury report. He submits that subsequent to the bail be granted, the private opposite parties attacked again and caused serious injury.
State and the private opposite parties are represented.
Learned Advocate appearing for the private opposite party submits his client is not willing to file any affidavit.
Initially, the jurisdictional Court granted interim bail in favour of the private opposite parties. Thereafter, such interim bail was confirmed by the order dated January 10, 2022. The order of confirmation of interim bail records that the jurisdictional Court
Issues for consideration
2 issues framed by the court
Whether bail granted to private opposite parties should be cancelled upon petitioner's claim of subsequent injury not supported by medical report.
Whether the jurisdictional court's assessment of injury reports and absence of adverse findings warrants interference with the bail order.
Parties & counsel
- petitioner
Md. Pintu
Coram
Debangsu Basak
Bibhas Ranjan De
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · February
- Registered
- Case no.
- CRM (DB)/279/2022
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