High Court in criminal revision disposed of a challenge against an order directing the petitioner to show cause for a good behaviour bond. It directed the Executive Magistrate to pass an order releasing the petitioner upon execution of a bond.
Directed the Executive Magistrate to pass an order releasing the petitioner on execution of a bond.
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Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side
Present :
The Hon’ble Justice Bibek Chaudhuri
CRR 2336 of 2022
Sanjay Paswan @ Lala
Vs.
The State of West Bengal
For the petitioner : Mr. Sudip Ghosh Chowdhury, Adv.
For the State : Mr. Swapan Banerjee, Adv., Mr. Anindya Sundar Chatterjee, Adv.
Judgement on : 20.09.2022.
Bibek Chaudhuri, J.
Affidavit-of-service filed in Court today be kept with the record.
Order dated 23rd May, 2022 passed by the Learned Special Executive Magistrate, Chandannagar Police Commissionerate, Chandannagar Division in NGR (Ex) 71/2022 is under challenge.
NGR (Ex) 71/2022 is a proceeding under Section 110 of the Code of Criminal Procedure. After drawing up the said proceeding under Section 110 of the Code of Criminal Procedure, the petitioner was directed to show cause as to why he shall not be bound by a good behaviour bond.
2
It is submitted by the Learned Public Prosecutor-inCharge that the petitioner has not filed any application before the Learned Executive Magistrate showing cause as per order dated 29th April, 2022. Learned Advocate for the petitioner, on the other hand, takes me to page no. 9 of the instant revision an application for releasing the petitioner on execution of bail bond was filed by the petitioner on 13th June, 2022. It is submitted by the Learned Advocate for the petitioner that the said application is the application showing cause as to why he should be released on bond. However, the Learned Executive Magistrate has not passed any order upon the petitioner’s application dated 13th June, 2022.
Having heard the Learned Counsels for the parties, the instant revision is disposed of directing the Executive Magistrate, Chandannagar Police Commissionerate to pass an appropriate order releasing the petitioner on his executing a bond as directed by the Learned Executive Magistrate.
So far as the nature of bond, the Learned Executive Magistrate shall take into consideration the decision of this Court passed by a Coordinate Bench in CRR 3465/2019 (Rajesh Prasad Tanti –Vs.- The State of West Bengal) along with other related matters on 1st August, 2022.
The instant revision is, thus, disposed of .
(Bibek Chaudhuri, J.)
Srimanta, A.R.(Ct.) Item No.01 .
1 issue framed by the court
Whether the impugned order directing the petitioner to show cause for a good behaviour bond required a subsequent order to release him on bond.
1 provisions across 1 enactments
Sanjay Paswan @ Lala
The State of West Bengal
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
