This application challenged an order granting anticipatory bail in a suicide case under Sections 306/34 IPC. The Division Bench found no reason to interfere and dismissed the cancellation petition.
Application for cancellation of anticipatory bail dismissed; order of the single Judge upheld.
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11.04.2023 46 Ct. No. 29 CHC
C.R.M.(DB) 869 of 2023
In Re:- An application for cancellation of anticipatory bail under Section 439(2) of the Code of Criminal Procedure, 1973. And
In the matter of : Pravas Meur
...… petitioner
Mr. Nirbanesh Chatterjee, Mr. Anjan Banerjee .…for the petitioner
Ms. Sayanti Santra .…for the State
An order dated October 18, 2022 passed in Criminal Misc. Case No.2975 of 2022 is under challenge in the present application for cancellation.
By the impugned order, the learned Vacation Judge granted anticipatory bail to the private opposite party in a police case under Section 306/34 of the Indian Penal Code, 1860.
Learned trial Judge gave reasons for grant of the anticipatory bail. He took note of the contents of the case diary including the dying declaration left behind by the deceased.
Apparently, the deceased committed suicide. Apparently, the deceased left behind certain writing. Such writings suggest that, she was unable to take the act of the private opposite party in letting go of the relationship.
2
We find no reason to interfere with the impugned order passed by the learned Vacation Judge in granting anticipatory bail to the private opposite party.
CRM (DB) 869 of 2023 is dismissed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
2 issues framed by the court
Whether an order granting anticipatory bail should be interfered with in a suicide case.
Whether the Trial Court applied correct reasoning while granting anticipatory bail.
2 provisions across 2 enactments
Pravas Meur
The State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
