Mainuddin Sk v. State Of West Bengal And ORS.

(AD) 01.03.2022 Court No.29 C.R.M. 1458 of 2021 In Re: - An application under Section 439(2) of the Code of Criminal Procedure, 1973.

And In the matter of: - Mainuddin Sk ...petitioner.

Mr. Manas Kumar Das ... for the petitioner.

Mr. Zareen N. Khan Mr. M.F.A. Begg ... for the State.

Mr. Navanil De Mr. Subhrajit Dey ... for the opposite party nos.2 and 3.

Petitioner seeks cancellation of bail granted by the order dated October 15, 2019.

Learned Advocate appearing for the petitioner submits that there are disputes with regard to an immovable property. In fact, the private opposite parties forged documents of title with regard to possession of land belonging to the petitioner. The private opposite parties were initially arrested. Thereafter, a compromise was entered into. The private opposite parties are not adhering to such compromise.

State and the private opposite parties are represented. The order granting bail proceeded on the basis of the State not raising any objection to the prayer for bail. The learned Judge considered the nature of the offence and the affidavit filed and the submissions made by the parties and arrived at the finding that further custodial investigation was not necessary. The petitioner is not suggesting that the private opposite parties violated any conditions granting the bail. If at all there is any

violation of the conditions of the compromise entered into between the private parties, they are at liberty to avail of their remedies before the appropriate forum. We find no reason to interfere the order granting bail by the jurisdictional Court. Accordingly, the prayer for cancellation of bail is rejected. C.R.M. 1458 of 2021 is dismissed.

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