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GAURANG KANTH, JOYMALYA BAGCHI
In the matter of : Saifuddin Purkait – Appellant
Versus
. – Respondent
JUDGMENT :
1. Petitioner is in custody for 105 days. He submits he was on bail earlier. Subsequently, his bail came to be cancelled by this Court in CRM (DB) 1334 of 2022. A learned Single Judge of this Court in CRR 4463 of 2023 stayed the warrant of arrest and directed the petitioner to continue on bail. When he appeared before the trial court, the trial court had illegally taken him into custody. Accordingly, he prays for bail.
2. Learned Advocate for the State opposes the bail prayer.
3. Learned Advocate for the de-facto complainant has filed an affidavit opposing the bail prayer. He contends the order staying warrant of arrest and directing the petitioner to continue on the same bail was rightly not acted upon the trial Judge as the bail had been cancelled by a Division Bench of this Court in CRM (DB) 1334 of 2022.
4. We have considered the rival submissions of the parties. By order dated 26.09.2022, this Court in CRM (DB) 1334 of 2022 cancelled the bail granted to the petitioner directed as follows:-
The court upheld the cancellation of bail, emphasizing that a prior cancellation order must be set aside for bail to be reinstated.
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The court emphasized that bail should not be cancelled in a mechanical manner without considering supervening circumstances that render it no longer conducive to a fair trial, and it should only be c....
Violation of bail conditions, as evidenced by the accused's actions, warrants cancellation of the bail order.
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