The High Court dismissed the State's application for cancellation of bail under CrPC Section 439(2). The court held that since the bail was granted in November 2017 and over five years had elapsed, cancellation at this belated stage would not serve any fruitful purpose.
Application for cancellation of bail dismissed.
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26.04.2023 tkm/ct 28 sl no. 82
C.R.M. 13112 of 2017
In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure
And In Re : State of West Bengal ….. petitioner
Ms. Sreyashee Biswas .....for the petitioner In view of the protracted period of detention and as investigation was complete, bail was granted to opposite party. Bail order was passed in November 2017. More than five years have lapsed since then.
At this belated stage, cancellation of bail would not serve any fruitful purpose.
Hence, application for cancellation of bail is dismissed.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether an application filed for cancellation of bail more than five years after grant should be entertained or dismissed.
1 provisions across 1 enactments
State of West Bengal
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
