Crimes Review Miscellany application seeking cancellation of bail granted to an accused. The bench found no merit in the petition as injuries were simple and the accused was complying with the condition to recover stridhan articles.
Application for cancellation of bail dismissed; bail order remains intact.
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04.01.2023. 16. Ct.No.28. as
C.R.M. (DB) 4638 of 2022
In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
In the matter of : Satarupa Mukherjee. … Petitioner.
Mr. Soumen Paul.
...for the Petitioner.
Order dated 21st October, 2022 granting bail to the opposite party/accused has been assailed. It is contended the gravity of the injury was not considered and stridhan articles have not yet been recovered.
We find little substance in the submission. Magistrate perused the medical report and noted that the injuries are simple. Bail was granted to the opposite party/accused on condition that opposite party/accused shall co-operate in the recovery of stridhan articles. There is no allegation that the opposite party/accused has failed and neglected to comply with the order.
Hence, we do not wish to interfere with the order granting bail to the opposite party/accused.
The application is, thus, disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2
1 issue framed by the court
Whether the cancellation of bail must be interfered with given the minor nature of injuries and compliance with conditions.
1 provisions across 1 enactments
Satarupa Mukherjee
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
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