Calcutta High CourtCRM/6241/2021dismissed for non prosecution

Firoza Bibi v. The State Of West Bengal And ORS

2022-03-21Hon'Ble Justice Bibek Chaudhuri2 pages

21.03.2022 Item No.05 Suman Ct.42 (Via Video Conference) CRM 6241 of 2021 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure. And In the matter of:

Firoza Bibi Vs.

The State of West Bengal & Ors.

Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ...for the State None appears on behalf of the petitioner.

Learned advocate for the State respondent is present.

Vide order dated 28th February, 2022 the petitioner was directed to serve notice of the instant proceeding upon the respondents. However, no affidavit of service is filed. It appears from the record that the respondents were granted bail by the learned Additional Chief Judicial Magistrate at Barrackpore in connection with Rahara Police Station Case No. 220 of 2021 dated 19th June, 2021 corresponding to G. R. Case No.5032/21 under Sections 341/323/325/379/506/34 of the Indian Penal Code.

The respondents are enjoying bail in a Magistrate triable case since 5th July, 2021. After filing of the instant application for cancellation of bail the petitioner did not take any step.

Considering the conduct of the petitioner, I do not find any reason to cancel the order of bail granted to the respondents.

Accordingly, CRM 6241 of 2021 is dismissed for non-prosecution.

(Bibek Chaudhuri, J.)