Gourab Biswas @ Bubai v. State of West Bengal
Case brief
What is this about?
This court confirmed the bail of petitioner Gourab Biswas @ Bubai, who was on interim bail. Invoking Section 439 CrPC, the court held that confirmation would not hinder investigation proceedings.
What did the court decide?
The application for bail and connected application were disposed of by confirming the petitioner's bail on the same terms and conditions as interim bail.
What the court decided
01.02.2023. 23. Ct.No.28 as
C.R.M. 5493 of 2021 with CRAN 1 of 2022
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P. S. Case No.166 of 2021 dated 18.04.2021 under Sections 302/34 of the Indian Penal Code and added Sections 3(1)(c)(1)(a)(h)(o)(s) of the Scheduled Caste & Scheduled Caste (Prevention of Atrocities) Act.
In the matter of : Gourab Biswas @ Bubai.
…. Petitioner. Mr. Shibaji Kr. Das, Mr. Antarikhya Basu, Mr. Sayan Mukherjee. …for the Petitioner. Mr. Kallol Mondal. ...for the CBI. Ms. Minoti Gomes, Ms. Manika Sarkar. …for the de-facto complainant.
Learned Advocate for the petitioner submits he is on interim bail. He has duly complied with the conditions of bail.
Learned Advocate for the de-facto complainant prayed for cancellation of bail of co-accused which, however, was turned down by this Court in CRM (DB) 2280 of 2022 and CRM (DB) 2281 of 2022. Hence, his bail may be confirmed.
Learned Advocate for the CBI submits petitioner has complied with the conditions of bail. He, however, opposes the confirmation of bail as investigation is in progress.
This is also not disputed by the learned Advocate for the de-facto complainant.
Issues for consideration
2 issues framed by the court
Whether the petitioner's bail should be confirmed given he is already on interim bail and has complied with conditions.
Whether confirmation of bail would hamper the ongoing investigation.
Parties & counsel
- petitioner
Gourab Biswas @ Bubai
Coram
Ajay Kumar Gupta
Joymalya Bagchi
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · February
- Registered
- Case no.
- CRM/5493/2021
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