Md. Sahabuddin v. The State Of West Bengal And ANR

02.05.2022 Aloke C.R.M. (DB) 285 of 2022 In Re:- An application under Section 439(2) of the Code of Criminal Procedure.

And In Re : Md. Sahabuddin ...... petitioner Mr. Kallol Kr. Basu, Advocate Mr. Mrinal Das, Advocate Mr. Raja Adhikary, Advocate ...for the petitioner Mr. Banibrata Datta, Advocate ... ... For the opposite party no. 2 Mr. Neguive Ahmed, ld. APP Ms. Ayantika Ray, Advocate ... ... For the State Petitioner seeks cancellation of bail granted on January 15, 2022 by the learned Sessions Judge.

Learned Advocate appearing for the petitioner submits that thereafter, at least on two different occasions, the private opposite party threatened the petitioner. On a separate occasion, the petitioner suffered injuries.

Learned Advocate appearing for the State draws the attention to the report called for by the order dated April 20, 2022.

It appears from such report that there are two general diaries against the private opposite party and a police case was initiated against the private opposite. In the police case initiated

subsequent to the order granting bail, the jurisdictional Court enlarged the private opposite party on interim bail. In the present police case the Court considered the fact that the police submitted charge-sheet. The jurisdictional Court proceeded to grant bail to the private opposite party. In such circumstances, we are not inclined to interfere with the order granting bail to the private opposite. However none of the observations made herein should be considered to mean that we pronounced any view with regard to the interim bail granted to the private opposite party in the Narkeldanga P.S. Case No. 134 dated April 14, 2022 inter alia under Section 324/506 of the Indian Penal Code.

C.R.M. (DB) 285 of 2022 is dismissed.

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