I have also perused the Case Diaries produced in Court by the learned advocate of the State Mr. I have given my anxious consideration to the rival contentions of the respective parties, perused the materials on record, considered the case laws referred by them. According to him the impugned order of bail is to be cancelled for the simple reason, the same was granted without taking into consideration the Case Diary and merely on the concession shown by the Counsel of the State.Ĥ. Goswami contended no Court should allow the prayer for bail of any accused on the very first day of his surrender in Court without considering the Case Diary. According to the Learned Public Prosecutor the order impugned is absolutely illegal and ought to be set aside. Debobrata Roy, advocate appeared and finally argued this matter. Asimes Goswami, the Learned Public Prosecutor with Mr. Mitra was not attending Court due to some personal reasons, Mr. Prabir Mitra, advocate was appearing on behalf of the State and subsequently as Mr. State of Maharashtra, reported in 2004 SCC (Cri) 551, (c) Ashok Kumar Vs. State of Haryana, reported in 1995 SCC (Cri) 237, (b) Mehboob Dawood Shaikh Vs. Since there is no iota of allegations that after being released on bail the accused/opposite parties have misused their liberty the question of cancellation Moitra submitted that all the members of the family of her husband have been implicated in this case by making false allegations.
He further submitted that the aforesaid FIR was lodged by the petitioner nearly four months after she was allegedly driven out from her matrimonial home and that too after receipt of the summon of the divorce suit instituted by her husband. Mallick and submitted that the order of granting bail is wholly justified and no interference is called for. 2 and 3 strongly repudiated the submissions of Mr. Sudipto Moitra, the learned Counsel appearing on behalf of the accused/opposite party no. State of West Bengal & Anr., reported in 2001 (1) CHN 239. Mallick also relied on a decision of this Hon ble Court in the case of Pankaj Lall Roy Vs. State of Rajasthan & Anr., reported in ( 2009) 1 SCC (Cri) 904. & Anr., reported in ( 2008) 1 SCC (Cri) 394, (e) Deepak Singchi Vs. State of Gujarat, reported in (2008) 2 SCC (Cri) 508, (c) Lokesh Singh Vs. Rambilas & Anr., reported in 2001 SCC (Cri) 1124, (b) Dinesh M.N. Mallick in support of his submissions relied on the following decisions of the Apex Court (a) Puran Vs. He further submitted no reason has been assigned for granting bail and according to him when there is specific allegation against the accused/opposite parties it was not at all justified for the Learned Court below to allow their prayer for bail on the very first day of their surrender in Court without considering the Case Diary.
2 to 4 and others and on the self-same day the said accused/opposite parties surrendered before the Learned Additional Chief Judicial Magistrate, Alipore and prayed for bail, and the Learned Magistrate without considering the Case Diary and on the concession shown by the Learned Chief Public Prosecutor allowed their prayer for bail, although there was specific allegations against them. He further submitted that on April 4, 2009, the FIR of the case was recorded against the accused/opposite party nos.
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Swapan Kumar Mallick, the learned Counsel appearing on behalf of the petitioner at the very outset submitted that although this application has been moved invoking Section 439 (2) of the Code of Criminal Procedure, nevertheless, cancellation of bail is not sought for on the mere ground of misuse of liberty by the accuseds, but on the ground the very order of granting bail is not in accordance with law. 91, dated Apunder Sections 498A/406 of the Indian Penal Code, the defacto-complainant moved this application seeking annulment of the said order and for cancellation of their bail.Ģ. 2, 3 and 4 in connection with Bhowanipur Police Station Case No. Against an order passed by the Learned Chief Judicial Magistrate, Alipore granting bail to the accused/opposite party nos.
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