Single Judge application seeking cancellation of anticipatory bail was dismissed. The Division Bench found no material irregularity in the lower court order granting bail, despite arguments about a pending writ petition.
Application under Section 439(2) of CrPC for cancellation of bail dismissed.
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25.04.2022
76 Ct. No. 29 KAUSHIK DISMISSED
C.R.M. (DB) 525 of 2022
In Re:- An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
And
In Re : Saharaf Mondal
...… petitioner
Ms. Sibangi Chattopadhyay .…for the petitioner
Mr. Prasun Kumar Dutta Mr. Nirupam Dhali .…for the State
Petitioner prays for cancellation of the bail.
State is represented.
None appears for the private opposite party despite service. Affidavit of service filed in Court be taken on record.
Learned advocate appearing for the petitioner submits that, the learned Judge failed to take into consideration that a writ petition complaining of police inaction pending before the Hon’ble High Court. Moreover, the petitioner is under threat of life and property.
So far as the writ petition is concerned, no doubt, the same will be dealt with by the Court, before which it is pending.
The learned Judge proceeded to consider the case diary and the Lower Court records and on finding that the victim did
2
not suffer any external injury and the materials in the case diary proceeded to grant anticipatory bail to the petitioner.
In such circumstances, we find no material irregularity on the order dated February 8, 2022 granting anticipatory bail to the petitioner by the learned Sessions Judge calling for our interference.
In such circumstances, CRM (DB) 525 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether the application for cancellation of bail should be allowed given that no material irregularity was found in the Sessions Judge's order.
Colour shows how this judgement treated each authority
CRM (DB) 525 of 2022Referred¶19
1 provisions across 1 enactments
Saharaf Mondal
the State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
