Nishant Kumar Nirbhay v. State Of West Bengal And ORS.

03.05.2023 tkm/ct 28 C.R.M. 5181 of 2021 sl no. 70 In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure And In Re : Nishant Kumar Nirbhay ..... petitioner Mr. Satadru Lahiri Mr. V Singh .....for the petitioner It is contended on behalf of the petitioner that notice was not issued in terms of section 15A of the SC & ST Act and bail was granted.

Inspite of service nobody appears for opposite parties. We find much force in the aforesaid submission. Accordingly, we remand the matter for reconsideration of the bail application upon notice to the petitioner. Bail application shall be reconsidered within 30 days from the date of communication of this order.

Till disposal of the bail application, opposite party nos. 2 and 3 shall continue on interim bail.

The aforesaid arrangement is ad hoc and would not have any bearing on the merits of the bail application which shall be reconsidered independently and upon hearing the petitioner and opposite parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)