The High Court dismissed an application to cancel bail granted by the trial court. The bench held the order was well-reasoned, addressing the injury gravity and lack of trial necessity, allowing release.
Application for cancellation of bail dismissed in limine.
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25.07.2023 tkm/ct 28 sl no.67
C.R.M. (DB) 830 of 2023
In Re : An application for cancellation of bail under section 439(2) of the Code of Criminal Procedure
And In Re : Laltu Shaikh ……. petitioner
Mr. S Das
Ms. Trina Mitra
...... for the petitioner ...... for the State
Order dated 14.2.2023 granting bail to opposite parties has been assailed.
Learned lawyer for the petitioner submits that trial court granted bail to opposite parties without considering the gravity of offence.
We have considered the impugned order. Learned judge considered the case diary as well as nature of injury suffered by the petitioner. In that backdrop and as there was no possibility of commencement of trial, opposite parties were released on bail. We find that the order is a well-reasoned one which addresses all relevant aspects in the matter.
Hence, we do not wish to interfere with the order granting bail to opposite parties.
In the event opposite parties misuse their liberty and threaten the petitioner or other witnesses, it shall be open to him to seek appropriate redress before the trial court in accordance with law.
Application for cancellation of bail is disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the High Court should interfere with the trial court's order granting bail in a case involving physical injury.
Whether the bail order adequately addressed the gravity of the offence and relevance of the case diary.
1 provisions across 1 enactments
Laltu Shaikh
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
