<b>In Re:</b> <b>The Court</b> dismissed the bail application against an order granting bail from the same bench, holding that assailing the propriety of the bail order amounted to review of its own order.
Application for cancellation of bail is dismissed.
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14.07.2023. 61. Ct.No.28. as
C.R.M. (DB) 1493 of 2023
In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure. In the matter of : Mortej Mondal. … Petitioner. Md. Bani Israil, Mr. Amardeep Singh. …for the Petitioner. Mr. Neguive Ahmed, ld. A.P.P., Ms. Trina Mitra. ….for the State. Mr. Sumanta Das. …for the Opp. Party No.2.
Bail prayer of the petitioner has not been assailed on the premise of post bail conduct. On the other hand, propriety of the order has been assailed which in our considered opinion would amount to review of our own order.
Hence, the application for cancellation of bail is dismissed.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether an application for cancellation of bail challenging the propriety of the bail order amounts to review of the court's own order.
Whether bail prayer can be dismissed on grounds of impropriety when not assailed on conduct.
1 provisions across 1 enactments
Mortej Mondal
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
