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2000 Supreme(Cal) 539

DEBIPRASAD SENGUPTA
SAIDA BEGAM – Appellant
Versus
NAZRUL KHAN – Respondent


Advocates Appeared:
P.C.PAL CHAUDHARY

D. P. SENGUPTA, J.

( 1 ) D. P. Sengupta, J.-This is an application under section 439 (2) of the Code of Criminal Procedure for cancellation of bail.

( 2 ) IT appears that Panskura P. S. Case No. 41/99 dated 24. 3. 99 under section 448/380/435/326/302/34 of the Indian Penal Code was registered on the basis of a complaint lodged by Mst. Saida Begam. In the said case the present accused opposite party No. 1, namely, Nazrul Khan was made an accused. It appears that he filed an application for anticipatory bail under section 438 of the Code of Criminal Procedure before the learned Sessions Judge, Midnapore. The learned Judge by His order dated 29. 6. 99 allowed the said payer for anticipatory bail and directed the accused to be released on bail of Rs. 1000/- in the event of his arrest. It appears from the said order that the learned Public Prosecutor submitted before the learned Sessions Judge that there is nothing in the case diary against the petitioner. It also appeared from the said order that the learned Judge also perused the case diary and he was also of the same view with the learned Public Prosecutor and accordingly prayer for anticipatory bail was allowed.

( 3 ) AFTER the a






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