( 1 ) IN the instant review application dated 18. 7. 95 filed on behalf of the accused petitioner Nandan Dutta propriety of our order dated 16. 5. 95 cancelling the ball granted to the present petitioner and another accused Ashalata Dutta by the S. D. J. M. Rampurhat in Nalhati P. S. Case No. 24/ 95 dated 8. 3. 95 under section 498a/302/201 /34 IPC has been challenged on the ground that the bail granted to the present accused petitioner was cancelled by this Court under section 439 (2) Cr. P. C. without giving any opportunity of hearing. In the impugned order we have given elaborate reasons for cancellation of ball in respect of the present petitioner Nandan Dutta and his wife Ashalata Dutta both arrested as accused in the abovementioned case. It is true that the defacto complainant in his application dated 24. 4. 95 prayed for cancellation of ball only in respect of the accused Smt. Ashalata Dutta. After hearing the learned Advocate appearing for the defacto complainant and the learned Advocates appearing for Ashalata Dutta and the learned counsel for the State we have found in our order dated 16. 5. 95 that the learned Magistrates concerned granted bail to the present petitioner

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