Dayanand Prabhakar v. State of West Bengal and Anr.
Case brief
What is this about?
The High Court, while hearing an application for cancellation of interim bail, examined allegations regarding the issuance of an outstanding cheque and procedural lapses in arrest. The court found no error in the Magistrate's decision and rejected the cancellation petition.
What did the court decide?
Prayer for cancellation of bail of the opposite party is rejected.
What the court decided
02.03.2022 Sl. No. 07 Srimanta Ct.No.42
CRM (SB)/27/2022
(Via Video Conference)
In Re : An application for cancellation of interim bail under Section 439(2) of the Code of Criminal Procedure, 1973.
In the matter of : Dayanand Prabhakar.
…petitioner.
Mr. Bidyut Kumar Halder, Adv., Mr. Indranil Halder, Adv.
Mrs. Sujata Das, Adv.
…for the petitioner. …for the State.
Mr. Subhabrata Chowdhury, Adv.
…for the opposite party no. 2.
This is an application for cancellation of bail filed by the de facto complainant of Bishnupur Police Station Case No. 802 (12) 2021 dated 13.12.2021 corresponding to BGR 4907/2021. It is alleged by the de facto complainant that by virtue of an agreement for sale the accused person/opposite party no. 2 agreed to sell a piece of land with a structure thereon at a consideration price of Rs.20,50,000/-. It is also alleged that the de facto complainant paid a sum of Rs.10,09,000/- to the opposite party no. 2 towards part payment of the consideration price. The de facto complainant is always ready and willing to purchase the property but the accused person failed and neglected to execute the sale deed. For this reason, the de facto complainant lodged a complaint against the opposite party no. 2 under Sections 406/420 of the Indian Penal Code.
Issues for consideration
3 issues framed by the court
Whether the learned Magistrate erred in granting bail without considering the outstanding cheque amount.
Whether the arrest was unlawful due to non-issuance of Section 41A notice and failure to submit an Arnesh Kumar checklist.
Whether the prayer for cancellation of interim bail should be allowed.
Parties & counsel
- petitioner
Dayanand Prabhakar
- respondent
Opposite Party no. 2
Coram
Bibek Chaudhuri
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRM (SB)/27/2022
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