Calcutta High Court (Appellete Side)
An Application For Cancellation Of Bail ... vs Subhash Ghosh on 18 February, 2014
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1 615 18.02.2014
sm C.R.M.1945 of 2014 In the matter of: An application for cancellation of bail under section 439(2) of the Code of Criminal Procedure filed on January 31, 2014.
And In the matter of: Subhash Ghosh .. petitioner.
Versus The State of West Bengal & Ors.
.. opposite parties.
Mr.Sekhar Basu Ms.Jharna Biswas .. for the petitioner.
Mr.Usof Ali Dewan Mr.Arup Sarkar. .. for the opposite party nos.3 to 9.
Affidavit-of-service is filed. Let such affidavit-of-service be kept on record.
Mr.Usof Ali Dewan, learned advocate appearing for the opposite party nos.3 to 9 and informed us that he has filed a vakalatnama on February 18, 2014. He also informed us that the accused no.2 in violation of the condition while granting bail to him entered into the territorial jurisdiction of the Burdwan district and he was murdered. The application is, thus, infractuous so far as the opposite party no.2 is concerned.
2The court granted bail to the opposite party nos.3 to 9, inter alia, on the condition that they would not enter the territorial jurisdiction of the district of Burdwan excepting for attending the court proceedings.
From a perusal of the FIR lodged by one Bulti Bibi, which has now been registered as Katwa Police Station Case No.491 of 2013 dated December 26, 2013 and a suo moto case initiated by the Officer-in-charge, Katwa Police Station, being Case No.21 of 2014, appears that the opposite party no.2, in violation of the condition entered into the territorial jurisdiction of the Kasba Police Station and alleged committed dacoity.
Since the condition, while granting bail, was violated and the opposite party nos.3 to 9 have taken advantage of the liberty granted to them, we cancel their bail and direct them to surrender before the learned Additional Chief Judicial Magistrate, Katwa, when the learned Magistrate shall pass necessary order.
The application is, thus, disposed of.
(Subhro Kamal Mukherjee,J.) (Shib Sadhan Sadhu, J.) 3