Disposed

Aircare Enterprises v. State of West Bengal and Anr.

Calcutta HC4 Nov 2022CRR/1974/2021

Case brief

AI extract

What is this about?

This Criminal Revisional application challenged an order regarding bail cancellation formalities. The High Court held that since the accused was untraceable, notice to sureties should be issued. The proper court must now summon the accused; if unproduced, bail must be cancelled. Pending applications were disposed of.

What did the court decide?

Notice to sureties to produce the accused; if unproduced, cancel bail and issue harsher process of law.

Aircare Enterprises Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2022)

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04-11-2022

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Subha Item no.19 Ct no.34

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IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

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CRR 1974 of 2021

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Air Care Enterprises, a proprietorshp Firm represented by its proprietor

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-versus-

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The State of West Bengal & Anr.

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Mr. Kushal Paul Mr. Saptarshi Dutt ….for the petitioner.

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Mr. Sudip Ghosh Mr. Bitasok Banerjee

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…………for the State.

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Report submitted by Mr. Bitasok Banerjee, learned advocate appearing for the State reflects that the Investigating Agency is unable to trace out the accused Dipak Dutta. In fact the report reflects that all the avaialable particulars of the accused was checked by the Investigating Officer. Let the report be kept with the record.

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Mr. Paul, learned advocate for the petitioner further submits that an application for cancellation of bail is pending before the Judicial Magistrate, 2^nd Court, Alipore.

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The grievance as is reflected from the revisonal application relate to the signature of the accused being not taken in presence of the Judicial Magistrate.

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Having regard to the present position of the case, that the accused is not traceable at all the addresses given below and was initially released on ad interim bail, I am of the opinion that the learned Judicial Magistrate should issue notice to the sureties to produce the

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accused and thereafter proceed with the cancellation of bail. If the accused is not available or cannot be produced by the sureties on the date so fixed, Learned Magistrate should cancel the bail and issue harsher process of law.

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With the aforesaid observations, the present revisional application being CRR 1974 of 2021 is disposed of.

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Pending applications, if any, are consequently disposed of.

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Mr. Banerjee, learned advocate for the State is directed to hand over a copy of the report to the learned advocate appearing for the petitioner.

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All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.

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[Tirthankar Ghosh, J]

Aircare Enterprises v. State of West Bengal and Anr.

Case brief

What is this about?

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Aircare Enterprises v. State of West Bengal and Anr.

Case brief

What is this about?

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