Mustafa Khan v. The State Of West Bengal And ANR

03.03.2025 tkm/ct 28 C.R.M. (DB) 1507 of 2024 sl no.81 In Re : An application for cancellation of bail under section 439(2) of Cr.P.C And In Re : Mustafa Khan ....... petitioner Mr. Arnab Chatterjee Mr. Ayan Kr. Boral Ms. T Nag ...for the petitioner Ms. Puja Goswami ...for the State Mr. Sujoy Sarkar Mr. Aniruddha Bhattacharya ...for the OP no. 2

1. Petitioner submits prayer for anticipatory bail of opposite parties was rejected earlier on merits on two occasions. In the third attempt they were granted anticipatory bail on the specious plea that investigation is complete.

2. Though we are not convinced with the reason given by the learned judge that conclusion of investigation is a legitimate mitigating circumstance to entertain subsequent prayer for pre arrest bail, we note opposite parties are on bail for more than two years and have not misused their liberty. Report submitted by the State also corroborates this fact.

3. Under such circumstances we do not consider it fit to cancel their bail

4. Application for cancellation of bail is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)