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Calcutta High CourtCRM/1802/2012dismissed

Tashmita Pal v. State Of West Bengal

2021-12-21Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.M. No.1802 of 2012 (Via Video Conference) D/L8 December 21, 2021 Bpg.

In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973;

Tashmita Pal

Versus

The State of West Bengal & Anr.

Ms. Rupsa Sreemani.

...for the petitioner.

Ms. Arani Bhattacharyya.

...for the State.

This is an application for cancellation of bail in respect of an order dated 2nd September, 2011 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar, District-North 24 Parganas in connection with Bidhannagar East Police Station Case No.34 of 2011 dated 26th March, 2011 under Sections 498A/406/34 of the Indian Penal Code.

Learned advocate for the petitioner submits that the order passed by the learned Magistrate is a perverse order and the accused misused his liberty while on bail.

Ms. Arani Bhattacharyya, learned advocate, appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the State submits that there are no specific instructions regarding any misuse of bail being granted.

As the order was passed on 2.09.2011, which is more

than 10 years ago, I am of the view that there is hardly any scope for interference at this belated stage.

Accordingly, CRM 1802 of 2012 is dismissed.

If any further misuse is observed, the petitioner will be at liberty to approach the jurisdictional court. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)