Supreme Court - Daily Orders
Subhas Chakraborty vs State Of West Bengal on 29 February, 2016
Bench: Ranjan Gogoi, Prafulla C. Pant
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ITEM NO.48 COURT NO.7 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 1049/2016
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 03/02/2016
IN CRM NO. 10983/2015 PASSED BY THE HIGH COURT OF CALCUTTA)
SUBHAS CHAKRABORTY PETITIONER(S)
VERSUS
STATE OF WEST BENGAL AND ANR. RESPONDENT(S)
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND INTERIM RELIEF AND OFFICE REPORT)
Date : 29/02/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. Guru Krishnakumar, Sr. Adv.
Mr. Hiren Dasan, Adv.
Mr. Uday Gupta, Adv.
Mr. Chand Qureshi, Adv.
Mrs Sarla Chandra, Adv.
For Respondent(s) Mr. Joydeep Mazumdar, Adv.
Mr. Parijat Sinha, Adv.
Ms. Reshme Rea Sinha, Adv.
Mr. Debojyoti Bhattacharya, Adv.
Mr. Rohit Dutta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Exemption from filing certified copy of the impugned judgment is granted.
Leave granted.
Signature Not VerifiedDigitally signed by VINOD LAKHINA Date: 2016.03.01 17:25:41 IST Reason: 2 The appeal is allowed in terms of the signed order. [VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE] 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.175 OF 2016 [Arising out of Special Leave Petition (Criminal) No.1049/2016] SUBHAS CHAKRABORTY ...APPELLANT VERSUS STATE OF WEST BENGAL AND ANR. ...RESPONDENTS ORDER
1. Leave granted.
2. The challenge herein is against the order dated 3rd February, 2016 of the High Court of Calcutta by which the bail granted by the learned Sessions Judge has been cancelled.
3. We have perused the order of the High court and have heard the learned counsels for the parties. 2
4. Though we would not like to say that the High Court is denuded of all powers to re-appreciate the circumstances and reasons for grant of bail, cancellation of bail is a rare power which has to be exercised sparingly. Cases where there is an abuse of the privilege granted or bail has been obtained by misrepresentation may be illustratively cited as cases where cancellation of bail would be appropriate.
5. In the present case, we have perused the order of the learned Sessions Judge. The accused was in custody for a period of 68 days; he is a senior citizen; the case is one of circumstantial evidence. Taking into account all the aforesaid facts, it cannot be said that the exercise of discretion by the learned Sessions Judge was wholly unwarranted so as to justify the order of cancellation.
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6. Accordingly, we set aside the order of the High Court and direct that the bail granted by the learned Sessions Judge shall continue. Naturally, the bail granted will be subject to all such conditions as has been imposed by the learned trial Court.
7. The appeal is allowed in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J. (PRAFULLA C. PANT) NEW DELHI FEBRUARY 29, 2016