A state-initiated application to cancel anticipatory bail granted years earlier was dismissed as untimely and unmaintainable, with no indication that the accused had ever surrendered before the jurisdictional court following the grant.
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06.04.2026 Item No.49 Ct.No.35 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M. 170 of 2020
In Re : An Application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973.
And In Re : Md. Nachbul Sk. ... Petitioner. Mr. Sandip Chakraborty, Mr. Debanik Das ... For the State. None appears for the petitioner or the
accused/opposite party.
Learned advocate for the State is present.
Records reflect that the subject-matter of challenge relates to an order of anticipatory bail granted by the learned Sessions Judge, Murshidabad on 22.07.2019. Having regard to the fact that more than six and a half years have passed since such order of anticipatory bail was granted and there are no reflection as to whether pursuant to the anticipatory bail granted, the accused person surrendered before the jurisdictional court, I am of the opinion that the application for cancellation of bail is not maintainable and as such, there is no scope for interference at this belated stage.
Accordingly, the application for cancellation of bail being CRM 170 of 2020 is dismissed.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
2
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Is an application for cancellation of anticipatory bail granted over six and a half years earlier maintainable when there is no record that the accused surrendered before the jurisdictional court?
1 provisions across 1 enactments
Md. Nachbul Sk.
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
