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Calcutta High CourtCRM (DB)/1239/2024dismissed

Mousumi Hait Das v. State Of West Bengal And ANR

2025-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2025 DL-141 CRM (DB) 1239 of 2024 Court No.26 (Dismissed) (AD) In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973.

-AndIn the matter of : Mousumi Hait Das ... ...Petitioner Mr. Prodyot Kumar Ray, Advocate ... for the petitioner.

1. Application for cancellation of bail is directed against Order No.3 dated April 8, 2024 passed by the learned Additional Sessions Judge in Criminal Misc. Case No.135/24.

2. Learned Judge took into account the fact that, there were civil disputes between the private parties and that, there was an altercation when due to "push and dash", the victim became sick and died.

3. Learned Additional Sessions Judge also noted the postmortem report of the deceased which recorded a scalp injury. In such circumstances, the learned Additional Sessions Judge proceeded to grant bail to the private opposite party.

4. Perversity of the order impugned is not established.

5. Post-bail misconduct is also not established.

6. In such circumstances, we find no ground to interfere with the order impugned.

7.

CRM (DB) 1239 of 2024 is dismissed without any order as to costs.

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