Samima Parvin And ANR v. State Of West Bengal And ORS.

622 14.12.2023 NB Ct. 14 WPA 22615 of 2023 Samima Parvin & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Mr. Sandipan Dan, Mr. Badrul Karim, Mr. Kiron Sk.

Mr. Dipankar Das.

...for the petitioners.

Mr.Tarak Karan.

...for the State.

Report filed on behalf of the State is taken on record. A copy of the same is handed over to the learned counsel for the petitioners.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are the Pradhan and Upa Pradhan of the Gram Panchayat who belong to an opposition political party. They were falsely implicated in a case being Harishchandra PS Case No.850 of 2023 dated 13.08.2023. On 28.08.2023, the petitioners were granted bail. However, on the very next date i.e. on 29.08.2023 behind the back of the petitioners, the bail already granted was cancelled by the learned Court.

Learned counsel appearing on behalf of the State denies the allegation of police inaction or access and submits that it is not a case of police inaction. If the petitioners are aggrieved with an order passed by the learned Magistrate, they should have challenged the same. The reason why the bail was

cancelled was that the pendency of the anticipatory bail before the learned Sessions Court was not pleaded.

If the petitioners are aggrieved with an order of cancellation of bail beyond their back, they shall be at liberty to challenge the same before the appropriate forum. Therefore, no further order need be passed in this regard.

The writ petition is, accordingly, disposed of without any costs.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)