Courts On Its Own Motion v. Kamal Uddin Molla Alias Kamaluddin Molla

28.02.2023 Serial no. 08-09 [Dd] CRR 318 of 2023 Courts on its own Motion Vs Kamal Uddin Molla @ Kamaluddin Molla in CRM (A) 191 of 2023 Kamal Uddin Molla @ Kamaluddin Molla Vs.

State of West Bengal with CRM (A) 4203 of 2022 Kamaluddin Molla Vs.

The State of West Bengal Mr. Krishnendu Bhattacharya, Mr. Priyankar Ganguly, Advocates ... ...For the petitioner Md. Anwar Hossain, Ms. Sreyashee Biswas, Advocates .. ...For the State Court is informed that the petitioner stands arrested in respect of police case which is the subject matter of CRM (A) 191 of 2023.

While considering the application for anticipatory bail being CRM (A) 191 of 2023, we issued a Rule on January 17, 2023 against the petitioner to show cause as to why the anticipatory bail granted to the petitioner in CRM (A) 4203 of 2022 be not cancelled.

In response to Rule, petitioner filed an affidavit. The second police complaint was lodged at the behest of the de facto complainant making serious allegations as against the petitioner.

There are materials in the case diary incriminating the petitioner in the second police case. The incriminating materials were noted in the order dated January 17, 2023 while issuing Rule.

We are constrained to find that the petitioner is guilty of post bail misconduct. Therefore, we deem it appropriate to cancel the anticipatory bail granted to the petitioner in CRM (A) 4203 of 2022 dated September 5, 2022. All consequential steps taken thereon are also cancelled.

CRR 318 of 2023 in CRM (A) 191 of 2023 is disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)