ap C.R.M. 3017 of 2016
In the matter of: an application for cancellation of bail under Section
439(2) of the Code of Criminal Procedure filed on 19.04.2016 in
connection with Deganga Police Station Case No. 968 of 2015 dated
26.10.2015 under Sections 302/304B/498A/34 of the Indian Penal
Code and Sections 3 and 4 of the D.P. Act.
In re.: Emamul Haque Mallick. …… Petitioner
Mr. Kazi Safiullah. … for the petitioner
The de facto complainant of the case has approached this
Court seeking cancellation of bail granted to the accused/opposite
party no.1 by the Court below on the ground that the order itself was
bad in law.
Heard the learned counsel appearing on behalf of the
petitioner. Perused the materials on record.
It is contended by the learned counsel for the petitioner that
FIR of this case was registered on October 26, 2015. Thereafter a co-
ordinate Bench of this Court on November 23, 2015 rejected the
prayer for anticipatory bail of the accused/opposite party no.1. Then
he came to be arrested on December 6, 2015 and he was granted bail
by the learned Sessions Judge, North 24 Parganas on April 1, 2016
although a few days before, his prayer for bail was rejected by the
selfsame Court on merit. It is vehemently contended that the order
impugned is totally illegal and against the materials on record.
Since the cancellation of bail has been sought for on the
ground of order granting bail is not in accordance with law, we first
carefully perused that order.
We find that the petitioner was granted bail five months after
his arrest and the Court granted bail to him after perusal of the case
diary and taking into account that investigation is over and charge-
sheet has been submitted.
The learned counsel for the petitioner on our query points out
that already charge has been framed and the matter is awaiting for
trial but because the Court is lying vacant, no trial has been
Now, having gone through the order impugned, we do not find
any fault therein, which may justify us to interfere with an order of
granting bail more than one year after.
Accordingly, this application for cancellation of bail stands
Urgent photostat certified copy of this order, if applied for, be
given to the parties upon compliance of necessary formalities.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)