Rabina Parvin v. The State Of West Bengal And ORS

(AD) 25.02.2022 Court No.29 C.R.M. 7739 of 2021 In Re: - An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973.

And In the matter of: - Rabina Parvin ...petitioner.

Mr. Banibrata Datta Md. Safiur Rahaman Mr. Sourav Paul ... for the petitioner.

Mr. T.K. Ghosh Md. Kutub Uddin ... for the State.

Petitioner seeks cancellation of orders dated November 10, 2020 and November 25, 2020 by which the jurisdictional Court granted bail to the private opposite parties.

State is represented.

None appears for the private opposite parties despite service by the petitioner and the police.

On November 10, 2020 and November 25, 2020 when the jurisdictional Court granted bail to the private opposite parties, the police were investigating under Section 323/341/34 of the Indian Penal Code. The provisions being bailable, the jurisdictional Court granted bail. We find no infirmity with regard thereto. Subsequently, police submitted charge sheet adding Section 313 of the Indian Penal Code. By reason of the fact that the police subsequently added Section 313 in the charge sheet, we find no reason to revisit the order granting bail by the jurisdictional Court. Accordingly, the prayer for cancellation of bail is rejected.

C.R.M. 7739 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)