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2009 Supreme(SC) 1549

TARUN CHATTERJEE, R.M.LODHA
Hazari Lal Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Ambika Ray, Zaki Ahmad Khan, M. Khairati, Irshad Ahmad, Advs., for the Appellants.
For the Respondents:Tara Chandra Sharma, Ms. Neelam Sharma, Ms. Pankhuri Shrivastava, Jitendra Mohapatra, Shibashish Pattanaik, Merusagar Samantaray, Advs., for the Respondents.

Judgement Key Points

The legal document indicates that the appellate court reviewed the order of the High Court which had canceled the anticipatory bail granted by the lower court. The appellate court emphasized that the order of bail was granted after considering the relevant factors and exercising judicial discretion appropriately. The court noted that the High Court's order lacked consideration of the distinction between initial bail rejection and the cancellation of an already granted bail, and it failed to account for the absence of any supervening circumstances justifying cancellation (!) (!) (!) .

Specifically, the document highlights that there is no mention or record of the earlier bail order being invalid or improperly granted, nor any indication that the appellant had violated the conditions of bail or interfered with justice (!) . The appellate court therefore found that the cancellation of the bail order was not justified and that the earlier bail order should be presumed valid unless there is clear evidence to the contrary.

In summary, the legal reasoning suggests that the absence of any mention of or evidence regarding the earlier bail order's invalidity or misconduct supports the conclusion that the order was properly granted and should not be canceled without cogent reasons.


ORDER

R.M. Lodha, J.

1. Leave granted.

2. On the basis of the complaint made by Jayanta Naskar, Secretary, Sambhunagar High School, P.O. Sambhunagar, a First Information Report being FIR No.50/2008 was lodged on May 30, 2008 under Sections 403, 409, 420, 467/34 IPC, at Police Station Gosaba, District 24 Parganas (South). It is alleged that appellant who is Headmaster of Sambhunagar High School opened a bank account No. 0855010083094 with the U.B.I., Lalbazar Branch, Kolkata on April 30, 2008; that the appellant introduced his servant Gour Dhara as a secretary of the school; that the said account was opened jointly with his servant and that he deposited a cheque of Rs.6,00,000/- which had come to the school from Sports and Youth Services (Sports Wing), Government of West Bengal, with an intention to misappropriate the said amount. It is also alleged that the said account was opened by the appellant without any resolution of the Managing Committee of the school and that he submitted false and forged copy of the minutes of the meeting No.15 dated April 26, 2008 with the seal of the Headmaster, Sambhunagar High School.

3. The appellant made an application for anticipatory bail










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