Khodeja Bibi v. State Of West Bengal & ORS.

27.04.2023 tkm/ct 28 C.R.M. 11047 of 2018 sl no. 64 In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure And In Re : Khodeja Bibi ..... petitioner Mr. Bitasok Banerjee .....for the petitioner Mr. M Sur Mr. D Paramanick .....for the State Opposite parties were enlarged on bail in May 2018. It is contended statement of wife of the deceased under section 164 Cr.P.C was not considered. It may be relevant to note that the FIR did not name the accused. Subsequently, the names transpired in the said statement under section 164 Cr.P.C. Learned judge observed there is possibility of incorporation of the said names as an afterthought. This issue requires to be thrashed out during trial. Order granting bail cannot be said to be an unreasoned one. About five years have passed since then.

Hence, we are not inclined to cancel the bail. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)