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2020 Supreme(Cal) 488

ARIJIT BANERJEE, ABHIJIT GANGOPADHYAY
State of West Bengal – Appellant
Versus
Dharam Paswan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Kishore Dutta, Mr. Aditi Sankar Chakraborty, Mr. Sirshanya Bandhopadhyay, Ms. Sriparna Das, Mr. Arka Nag.
For the Respondents: Mr. Farook M. Razak, Mr. Ananta Shaw, Mr. Subrata Karnakar, Mr. Hillol Saha Poddar, Mr. Gautam Banerjee, Mr. Saiket Chatterjee.
For the Complainant : Mr. Manoj Malhotra, Mr. Ravi Kumar Debey.

JUDGMENT :

ARIJIT BANERJEE, J.

1. This application has been filed by the State of West Bengal for cancellation of bail granted to the opposite party (OP) by the Learned Chief Judicial Magistrate (CJM) Jalpaiguri by an order dated 19 November, 2019. Although the cause title shows that this application has been filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) Learned Advocate General appear for the State requested us to treat the application as one only under Section 439(2) of the Cr.P.C. and we have done so. The brief facts of the case relevant for the purpose of disposing of this application are as follows.

2. One Fulkumari Pasman runs a restaurant-cum-bar called ‘Golden Valley’ as the license holder thereof, within Jalpaiguri Municipality. The OP is the husband of Fulkumari. On 20 August, 2019, the OP was arrested in connection with Women Police Station Jalpaiguri Case No. 81 of 1991 dated 16 July, 2019 registered under Sections 370/379(B)(2)/201/ 188/468 and 271 of the India Penal Code, 1860 (in short ‘IPC’) read with Sections 3/4/5/6 of Immoral Trafficking (Prevention) Act, 1956 and Sections 14A/14C of the Foreigners Act, 1

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