2016 ALL SCR (Cri) 1895


Soumya Das Vs. Ratan Chatterjee & Anr.

Criminal Appeal No.986 of 2016

18th October, 2016.

Petitioner Counsel: Mr. RAUF RAHIM, Ms. POULAMI DAS DEY
Respondent Counsel: Mr. SANKAR CH. GHOSH, Mr. PARIJAT SINHA

Criminal P.C. (1973), S.439 - Cancellation of bail - Challenge - Trial court granted bail on basis of material on record and particularly on ground that prima facie appellant could not be connected with alleged offence - There was no valid reason for interfering with said order - Cancellation of bail set aside - Appeal allowed. (Para 4)


JUDGMENT :- Leave granted.

2. This appeal is preferred against the order dated 20th January, 2016 passed by the High Court whereby bail granted to the appellant by the Trial Court has been cancelled and the High Court has directed the appellant to surrender before the Additional Chief Judicial Magistrate, Barrackpore, within one week failing which warrant of arrest will be issued against him by the said Additional Chief Judicial Magistrate.

3. We have gone through the records.

4. The Trial Court had recorded certain cogent reasons for grant of bail. We are of the opinion that there was no valid reason for interfering with the said order which was passed by the Trial Court by exercising its discretion on the basis of material available on record particularly on the ground that, prima facie, the appellant could not be connected with the alleged offence. In fact, the State had also accepted the aforesaid fact.

5. We, thus, allow this appeal and set aside the order of the High Court.

Appeal allowed.