Ashadullah Molla v. State Of West Bengal And ANR

745.

19.11.2024 Court No.29 (Pritam)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 598 of 2024 In Re: - An application for cancellation of bail under Section 439

(2) of the Code of Criminal Procedure arising out of Basanti Police Station case no.87 dated 28/01/2024 under Sections 341/325/326/307 of the IPC.

And In the matter of: - Ashadullah Molla.

...petitioner.

Mr. Tusher Kanti Mukherjee ...for the petitioner Mrs. Baisali Basu, Mr. Aritra Bhattacharya ... for the State Mr. Arnab Chatterjee, Mr. Anisur Rahaman ....for Op No.2. Dictated by Arijit Banerjee, J.

1. The de-facto complainant prays for cancellation of bail granted by the learned trial Court.

2. Learned Advocate for the accused / private respondent says that interim bail was granted by the learned trial Court, which was subsequently confirmed. The petitioner should ventilate his grievance before the learned Trial Court.

3. We are not inclined to interfere with the bail order since no case of breach of conditions of bail has been made out before us.

4. Hence, we dismissed this application.

5. However, this will not prevent the petitioner from approaching the learned trial Court with his prayer for cancellation of bail. If so approached, the learned trial Court is requested to dispose of such application as soon as the business of the court may permit.

6. Thus, CRM (DB) 598 of 2024 is dismissed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)