State of West Bengal v. Golak Ghosh
Case brief
What is this about?
The Division Bench cancelled anticipatory bail granted by the Sessions Judge to the respondent, holding that the lower court failed to consider crucial eyewitness statements and Section 308 IPC, and ordered the respondent to surrender.
What did the court decide?
Anticipatory bail granted dated November 25, 2021 is cancelled; private opposite party directed to surrender forthwith.
What the court decided
A compact analysis
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.
22.04.2022 Serial no.78 Dd
CRM (DB) 964 of 2022
In re : An Application under Section 439(2) of the Code of Criminal Procedure, 1973.
-And-
The State of West Bengal Vs.
Golak Ghosh
Mr. Madhusudan Sur, ld. APP
Mr. Dipankar Pramanick, Advocates
… … For the Petitioner/State
Mr. Sudip Ghosh Chowdhury, Mr. Sanjib Ghosh, Advocate
… …For the private Opposite Party
Affidavit-of-service filed in Court to day be kept on
record.
Issues for consideration
3 issues framed by the court
Whether the anticipatory bail granted by the learned Sessions Judge should be cancelled in light of newly considered evidence and statutory provisions.
Whether the lower court erred in failing to consider the statements of injured eyewitnesses regarding rash and negligent driving.
Whether the lower court erred in failing to consider the impact of Section 308 IPC on the anticipatory bail application.
Parties & counsel
- appellant
The State of West Bengal
- respondent
Golak Ghosh
Coram
Debangsu Basak
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- CRM (DB)/964/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court