← Library
Calcutta High CourtCRM/7456/2020disposed

Smt Dipa Sarkar v. State Of West Bengal And ORS.

2020-11-17Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

Dl.

53.

November C.R.M. 7456 of 2020 17, 2020 With CRAN 1 of 2020 (Via Video Conference) In the matter of : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 329 of 2020 dated July 4, 2020 under Sections 325/509/493/120B of the Indian Penal Code;

And In the matter of : Smt. Dipa Sarkar ...petitioner.

Versus

State of West Bengal & ors.

...opposite parties.

Mr. Ramashis Mukherjee, ...for the petitioner.

Ms. Faria Hossain, Ms. Baisali Basu, ...for the State.

The petitioner undertakes to appropriately affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The defacto complainant seeks cancellation of bail on the ground that the court below was misled by a compromise petition filed, though no compromise petition has been filed on behalf of the complainant and the complainant was not even represented on July 10, 2020 when bail was granted. It is submitted by the accused that there was no compromise petition filed on the relevant date and the reference to the compromise petition was mistaken in the order.

ar/dns Considering the nature of the charges and the incident that culminated in such charges being levelled, the order for anticipatory bail appears to be just. Such order does not call for any interference. CRM 7456 of 2020 and the connected application therein are disposed of.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )