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2015 Supreme(Cal) 66

SHIB SADHAN SADHU
Asim Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Prabir Mitra, Advocate.
For the State:Ayan Bhattacharya, Advocate.

JUDGMENT

SHIB SADHAN SADHU, J.

1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure seeking to quash/set aside the impugned order dated 21.08.2014 passed by the Learned Sessions Judge, Burdwan in Criminal Misc. Case No. 2301 of 2014 whereby and whereunder Learned Sessions Judge, Burdwan refused to confirm the interim anticipatory bail granted to the petitioners earlier on 01.08.2014.

2. I have heard Mr. Prabir Mitra, Learned Senior Advocate appearing for the petitioner. I have also heard Mr. Ayan Bhattacharya, Learned Advocate, appearing for the State. I have also perused the relevant materials on record including the impugned orders. Further I have carefully gone through the decisions reported in Siddharam Satlingappa Mhetra vs. State of Maharastra & Others, (2011) 1 C. Cr. LR 488 (SC), A.K. Dhote and J.F. Salve & Another vs. State of Maharastra and Others, (2003) 2 SCC 649 and Sri Sudip Sen vs. State of West Bengal, (2010) 3 C Cr. LR (Cal) 314 cited by the Learned Advocate appearing on behalf of the petitioners.

3. On hearing both sides, a short question which falls for consideration is whether the Learned Sessions Judge was justified i






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