Ashutosh Maity v. State Of West Bengal And ORS.

29.01.2024 Serial no. 96 [G.S.D] CRM (SB) 151 of 2023 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.

In Re : Ashutosh Maity ... ... Petitioner Mr. S. Ganguli Mr. S. Shasmal Mr. C. Chakraborty ... For the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State Report submitted by Mr. Banerjee, ld. advocate for the State, be kept with the record.

Ld. advocate for the petitioner submits that the opposite parties were granted bail on 15th of May, 2023 and they have violated the conditions so imposed by the ld. ACJM, Kakdwip.

To that effect, the petitioner has informed the concerned P.S. being Harwood Point Coastal P.S. The petitioner is granted liberty to bring the G.D. entries, which have been lodged with the concerned P.S. regarding the violation of conditions by way of an application for cancellation of bail. The ld. ACJM, Kakdwip will consider the same in accordance with law.

This Court has not gone into the merits of the case but as the issue was not first raised before the ld. ACJM, Kakdwip, as such, the matter is left to the discretion of the ld. ACJM, Kakdwip for deciding the issue independently without being influenced by any of the observations made by this court.

With the aforesaid observations, CRM (SB) 151 of 2023 is disposed of.

Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)