Jakir Sekh Hossain @ Jakir Sekh v. State Of West Bengal And ORS.

04.04.2022 Ct. No. 29 KAUSHIK DISMISSED C.R.M. (DB) 204 of 2022 In Re:- An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure. And In Re : Jakir Sekh Hossain @ Jakir Sekh ...... petitioner Mr. Prosenjit Mukherjee Mr. Argha Kamal Das Ms. Poulomi Dutta ....for the petitioner Mr. Bitasok Banerjee ....for the Opposite Party Nos. 2 to 4 Mr. S. S. Imam Mr. S. Kundu ....for the State Report submitted in Court be taken on record. Petitioner seeks cancellation of the bail granted by the Jurisdictional Court on May 20, 2021 and May 28, 2021. Learned advocate appearing for the petitioner submits that, the private opposite parties assaulted the petitioner his family members on November 3, 2021. He submits that, the private opposite parties are guilty of the post-bail misconduct. He refers to the police complaint lodged on November 3, 2021. State and the private opposite parties are represented. Learned advocate appearing for the State draws the attention of the Court to the report dated February 25, 2022.

It appears from the report dated September 25, 2022 that on November 3, 2022 a hot altercation took place between the family of the petitioner and the private opposite parties with regard to a child playing in the village.

The opposite party nos. 3 and 4 were granted bail on May 20, 2021. The opposite party no. 2 was granted bail on May 28, 2021.

The Jurisdictional Court granted bail, inter alia, on the ground of the nature of death of the victim, which is suicidal in nature.

We do not find any material irregularity in the orders granting bail in favour of the private opposite parties warranting our interference with regard thereto for cancellation of the bail granted.

CRM (DB) 204 of 2022 is dismissed.

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(Debangsu Basak, J.) (Bibhas Ranjan De, J.)