Bachendri Ray v. State of West Bengal and Anr.
Case brief
What is this about?
The High Court was approached for cancellation of bail under Section 439(2) CrPC. The Judge held that the High Court should not entertain the matter directly given supervening circumstances and instead directed the petition. To pray for cancellation before the District and Sessions Judge within 15 days.
What the court decided
24.03.2023
Item No.12 Ct.No.34 dc.
C.R.M. (SB) 41 of 2023
In Re : An Application for cancellation of bail under Section 439 (2) of the Code of Criminal Procedure, 1973.
And In Re : Bachendri Ray ... Petitioner.
Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Srabanti Das ... For the Petitioner. Mr. Arijit Ganguly, Ms. Manisha Sharma … For the State. Mr. Jayanta Narayan Chatterjee, Ms. Jayashree Patra, Ms. Pritha Sinha … For the Opposite Party No.2.
Mr. Halder, learned advocate appearing for the petitioner prays for cancellation of bail.
Mr. Chatterjee, learned advocate appearing for the opposite party no.2 resists such submission.
Mr. Ganguly, learned advocate appearing for the State submits that a specific case has been registered pursuant to the complaint which has been lodged with the police station.
In view of the aforesaid, I direct the petitioner to pray for cancellation of bail before the learned District and Sessions Judge at Barasat, North 24-Parganas.
Issues for consideration
1 issue framed by the court
Whether the High Court should directly entertain the application for cancellation of bail or direct it to the High Judicial Magistrate/Sessions Court under Section 439(2) CrPC.
Parties & counsel
- petitioner
Bachendri Ray
- respondent
State
Coram
Tirthankar Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRM (SB)/41/2023
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