Malay Pal v. State Of West Bengal And ORS.

28.02.2025 Item No.154 Court No.26 CHC CRM (DB) 1588 of 2024 In re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973 in connection with Maheshtala Police Station Case No. 129 of 2024 dated 18.03.2024 under Sections 448/325/307/506/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Malay Pal ... ... Petitioner Mr. Sayak Chakrabarti, Advocate Mr. Wrickbrata Roy, Advocate Mr. S. Chatterjee, Advocate Mr. Iswar Das, Advocate ... ... For the Petitioner Mr. Prabir Majumdar, Advocate Mr. Souvik Sen, Advocate ...for the opposite party no.2 & 3

1. Cancellation of bail is sought for on behalf of the petitioner.

2. It is submitted on behalf of the learned advocate for the petitioner that, the impugned order granting bail was passed by the learned jurisdictional Court without considering the materials on record as also the gravity of offence was not taken into consideration. Learned advocate for the petitioner refers to the impugned order dated March 22, 2024.

3. Private respondents are represented.

4. We perused the impugned order. The impugned order states that, the nature of allegation raised in the written complaint was omnibus in nature and no specific allegation so far as Section 307 of the Indian Penal Code, 1860 was concerned was made against the private opposite parties.

5. In consideration of such finding in the impugned order granting bail, we are not in a position to return a finding that, the impugned order was passed without considering the materials on record. We find no infirmity in such order.

6. In such circumstances, we are not inclined to cancel the bail granted to the private respondents in the order dated March 22, 2024.

7. CRM(DB) 1588 of 2024 is dismissed.

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