Md.Sahabuddin v. The State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 01.07.2025 Sl. No. 11 Court No.4 Arsad,(ARCR) In Re: An application for cancellation of bail under Section 483(3) of The Bharatiya Nagarik Suraksha Sanhita, 2023 CRM(M)/48/2025 MD.SAHABUDDIN VS THE STATE OF WEST BENGAL AND ANR Mr. Debanjan Das, .....For the accused person Mr. Rajesh Kumar Sharma,(VC) Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Arjun Chowdhury, .....For the State This is an application for cancellation of bail granted by a Coordinate Bench on April 10, 2025 in CRM(M) 1 of 2025. It is submitted on behalf of the learned Advocate for the petitioner that while granting bail, the learned Co-ordinate Bench considered the materials on record and specifically held that there was no criminal antecedent in respect of the private opposite party.
Such observation, according to the learned Advocate for the petitioner, was erroneous, not supported by the facts. There are criminal antecedents in respect of the present petitioner. However, learned advocate for the petitioner submits that he is not in a position to produce any document in support of his contention with regard to the criminal antecedent of the opposite party no. 2. Learned Advocate for the opposite party is present and submits that there are no criminal antecedents as against the opposite party no.
2. Besides that, learned Advocate also submits that he has not been
violating the other terms and conditions of the order of bail granted on April 10, 2025.
State is represented.
The opposite party no. 2 was enlarged on bail by an order dated April 10, 2025 passed in CRM(M) 1 of 2025. It was noted that the opposite party had no criminal antecedent. Besides that, several other parameters were also considered by learned Co-ordinate Bench in granting the bail application There is no allegation of any post-bail misconduct as against the opposite party.
In such circumstances, considering the order passed in CRM(M)/1/2025, we find no reason to cancel the bail granted to the opposite party.
CRM(M)/48/2025 is accordingly disposed of.
(MD. SHABBAR RASHIDI, J.)