Morjina Bibi v. State Of West Bengal And ORS.

19.04.2024 sdas CRM (DB) No. 4425 of 2023 In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.

AND In Re : Morjina Bibi ....... petitioner Mr. Satadru Lahiri Mr. Safdar Azam .... for the petitioner Mr. Anwar Hossain Mr. Arif Ekbal Molla .... for the State Mr. Dipayan Kundu .... for the opposite party no. 2 & 3 1.

Learned Counsel for the petitioner submits she has assailed bail granted to the opposite parties no. 2 and 3. It is submitted gravity of the offence had not been considered and opposite parties no. 2 and 3 have misused their liberty while on bail.

2.

We have considered the materials on record. We have also examined the impugned order. Opposite parties no. 2 and 3 were in custody for a fortnight and after considering the nature of allegations and materials on record they have been granted ad interim bail. We do not find any illegality or perversity in the order impugned. With regard to misuse of liberty, we note the issue may be agitated before the Court which granted bail.

3.

With this observation, the application is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 23 rd of April 2024 05:18:39 PM