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Calcutta High CourtCRM (DB)/2496/2024dismissed

Motai Sk. @ Matai Sekh v. The State Of West Bengal And ORS.

2025-03-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

M/L 143 05.03.2025 Rohit ct.no.26 C.R.M. (DB) 2496 of 2024 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973/under Section 483(3) of the BNSS, 2023 in connection with Kaliganj Police Station Case No. 428 of 2023 dated 09.07.2023 under Sections 326/34 of the Indian Penal Code and Section 3 /4 of the Explosive Substance Act.

And In Re: Motai Sk @ Matai Sekh

...Petitioner

Mr. Atis Kumar Biswas Ms. Jyoti Agarwal ...for the petitioner Ms. Amita Gaur Ms. Puspita Saha ...for the State Mr. Debabrata Ray Ms. Karabi Ray Ms. Sarbani Mukhopadhyay Mr. Soumik Mondal ...for the Opposite parties/Respondent 1.

Order granting bail dated April 14, 2024 has been challenged in the said application for cancellation of bail.

2.

It has been submitted on behalf of the learned Advocate for the petitioner that the learned Trial Court did not consider the materials in the case diary appearing as against the private opposite party and proceeded to grant bail to the petitioner.

3.

We have considered the materials in the case diary placed before us as also the impugned order. The impugned order reveals that the learned Trial Court proceeded to grant bail to the petitioner in consideration of the fact that the charge-sheet has already been submitted under Section 326/286/34 of the Indian Penal Code.

4.

We find no infirmity with the order so passed by the learned Trial Court and in such circumstances, C.R.M. (DB) 2496 of 2024 is dismissed.

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