Calcutta High Court (Appellete Side)
Kumari Rupali Seal vs The State Of West Bengal & Anr on 4 June, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side 04.06.13 CRM No.3062 of 2013 Kumari Rupali Seal v.
The State of West Bengal & Anr.
Ms. Sayanti Santra ... for the petitioner.
Mr. Aniket Mitra ... for the State.
Mr. Asish Sanyal ... for the OP 2.
The petitioner in this CRM under s.439 CrPC dated February 22,2013 is seeking cancellation of interim bail the Chief Judicial Magistrate, Hooghly has granted to OP 2.
Advocate for the petitioner has submitted as follows. After obtaining interim bail OP2 started threatening the petitioner and thus abused the liberty he was granted.
Advocate for the State has submitted that seeking cancellation of the interim bail the investigating officer has already submitted an application that is pending before the Chief Judicial Magistrate, who is yet to confirm the interim bail; and that the interim bail was granted taking into consideration the anticipatory bail granted by the Sessions Judge.
In view of the above-noted situation, we do not think it will be appropriate for us to entertain this application for cancellation of bail. In our opinion, the question of confirmation of the interim bail granted by the Chief Judicial Magistrate should be examined and 2 decided by the Chief Judicial Magistrate who is competent to examine the case stated in the application for cancellation of bail submitted by the investigating officer.
For these reasons, we dispose of the CRM saying that the petitioner is at liberty to make submissions before the Chief Judicial Magistrate before whom the question of confirmation of the interim bail and the application for cancellation of the interim bail are pending. Certified xerox.
( Jayanta Kumar Biswas, J)
sh ( Subal Baidya,J)