The court held that pendency of a bail application on merits does not prevent granting statutory bail. Non-disclosure by a co-accused does not warrant cancellation of statutory bail.
Application to cancel statutory bail of opposite party no. 2 dismissed. He shall remain enlarged on bail.
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16.08.2023 tkm/ct 28 sl no. 63
C.R.M. 7434 of 2021
In Re : An application for cancellation of bail under section 439(2) of the Cr.P.C.
And In Re : Subir Kumar Ghosh ……. petitioner Mr. A K Banerjee Mr. K Samanta …… for the petitioner Mr. Joydee Roy Ms. Sujata Das …… for the State Mrs. A Banejee Mr. Kaustav Banerjee …… for OP no. 2
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether pendency of a bail application on merits justifies cancellation of statutory bail granted to a co-accused due to non-disclosure.
1 provisions across 1 enactments
Subir Kumar Ghosh
Opposite party no. 2
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
