Calcutta High CourtCRM (DB)/3968/2024dismissed

The State Of West Bengal v. Bharat Maity

2025-01-14Hon'Ble Justice Tirthankar Ghosh2 pages

10.04.2026 Court No.35.

M/L. 105.

Kausik CRM (DB) 3968 of 2024 With CRAN 1 of 2025 In Re: An Application for Cancellation of Bail under Section 439(2) of the Code of Criminal Procedure.

And In the matter of : The State of West Bengal ......Petitioner.

Mrs. Zareen N. Khan Mrs. Subhasree Patel ......for the State/Petitioner.

In Re :- CRAN 1 of 2025 The present application was dismissed on 14.01.2025. Petitioner/State prayed for recalling of the said order. Having considered the State's plight of upkeep of law and order, I am of the opinion that for personal inadvertence of a lawyer petitioner/State should not suffer.

Accordingly, CRAN 1 of 2025 is allowed.

In Re :- CRM (DB) 3968 of 2024 Bail was granted on 09.09.2024 by the learned Additional Sessions Judge, 2nd Court, Kakdwip, 24 Parganas South. The order of bail reflects that the case diary was not considered by the learned Court while granting bail to the accused/opposite party.

Report submitted by the State reflects that next date has been fixed on 13.05.2026 for consideration of charges. The bail granted to the accused on 09.09.2024 is hereby modified to the extent that such order of bail will be operative till 15th June, 2026 since the order of bail suffers from inherent deficiencies of not considering the materials prior to releasing the accused/opposite party. The learned Jurisdictional Trial Court is directed to issue notice upon the accused who inspite of service did not appear before this Court.

The learned Trial Court would freshly consider the issue relating to bail after considering the case diary, complicity of the accused and the period for which the case is pending. With the aforesaid observations CRM (DB) 3968 of 2024 is disposed of.

Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)