The Court, in an application under CrPC 439(2), declined to interfere with an order granting bail. It held that alleged dishonest transfer of property can be adjudicated during trial and further custody was unnecessary as the accused has a permanent home.
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24.04.2023 tkm/ct 28 sl no.77
C.R.M. (DB) 813 of 2023
In Re : An application under section 439(2) of the Code of Criminal Procedure
And In Re : Jayanta Ghosh ……. petitioner Mr. G C Baidya Mr. Gobinda Baidya
.....for the petitioner
Petitioner assails order of bail granted to opposite party no. 2. It is submitted opposite party no. 2 fraudulently sold the property to co-accused. Case revolves around documents and allegations of dishonest transfer is to be adjudicated during trial. Hence, further custody of opposite party no. 2 is not necessary for progress of investigation/trial. Opposite party no. 2 has permanent home and hearth and there is no chance of his abscondence.
Under such circumstances, we are not inclined to interfere
with the order granting bail to opposite party no. 2.
With the above observations CRM (DB) 813 of 2023 is disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the bail order should be interfered with despite allegations of fraudulent property transfer.
Whether the alleged dishonest transfer requires further custody of the accused for investigation or trial.
1 provisions across 1 enactments
Jayanta Ghosh
Opposite party no. 2
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
