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Judgment
Bibek Chaudhuri, J
Mr. Santanu Talukdar, learned amicus curiae to assist the appellant and Mr. Ranabir Roy Chowdhury, learned P.P.-in-charge are present.
It is submitted by the learned amicus curiae as well as Mr. Roy Chowdhury that the appellant has preferred the instant appeal against the order passed by the learned Additional Sessions Judge, First Court, Howrah on 9th September, 2020 in Special Case No.78 of 2020. By passing the said order the learned Additional Sessions Judge, First Court, Howrah granted bail to opposite party Nos. 2 and 3.
An order granting bail under Section 439 of the Code of Criminal Procedure is not a final adjudication of the case and accordingly, the same is not appealable. If the appellant has any grievance he can file an application for cancellation of bail.
The instant appeal being utterly misconceived is summarily dismissed. There shall be no order as to costs. Lower Court record be sent down to the Court below.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertakings.