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2022 Supreme(Cal) 853

DEBANGSU BASAK, BIBHAS RANJAN DE
Jayanti Mali – Appellant
Versus
Rahul Pradhan – Respondent


Advocates appeared:
Amitabha Karmakar, Advocate, Arup Kumar Bhowmick, Advocate, Suman De, Advocate, P. K. Datta, Advocate, Santanu Deb Roy, Advocate

JUDGMENT

Debangsu Basak, J. - Petitioner seeks cancellation of the order granting bail to private opposite parties on March 17, 2021 and March 29, 2021.

2. Learned advocate appearing for the petitioner submits that in respect of a police case which involves an allegation of murder, against private opposite parties, the learned Magistrate proceeded to grant bail to the opposite party no. 1 on the ground that he was appearing in the Higher Secondary Examination. Thereafter, the learned Magistrate enlarged two other private opposite parties being opposite party nos. 2 and 3 on the ground that one co-accused namely, Rahul Pradhan, was on bail. Therefore, he proceeded to grant bail to the opposite party nos. 2 and 3. He submits that the learned Magistrate did not record any reason for granting bail to the opposite party nos. 2 and 3 on March 29, 2021. Therefore, such order is bad in law.

3. State and private opposite parties are represented.

4. Learned advocate appearing for the private opposite parties submits that the police filed charge sheet in which, the police did not name the private opposite party no. 1 as an accused.

5. In view of police filing the charge sheet without arranging the

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