High CourtsDivision Bench(2020) 07 CAL CK 0036

Sumanta Mondal @ Mantu vs State Of W. B.

Calcutta High Court · Decided on 2 July 2020

HON’BLE JUDGES
Tirthankar Ghosh, J · Sahidullah Munshi, J
RESULT
Dismissed/Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 4632 Of 2020, Criminal Application No. 2793 Of 2020

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Judgment

14 paragraphs · 278 words

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The

petition is taken up through videoconference on the basis of such undertaking.

The petitioner has prayed for bail on the ground that charge sheet has already been submitted and that his name does not transpire in the F. I. R. He

moved the court below submitting that since he was not named in the F. I. R., and that no charge sheet was submitted even after statutory period he

should be granted bail and his such prayer was allowed. After the order of bail was granted, de facto complainant brought it to the notice of the court

that because of suppression of correct state of affairs the court was misled to grant bail. Although charge sheet was duly submitted within the

stipulated period but it was not brought to the notice of the court and somehow the order of bail was passed. The petitioner submits that his custodial

interrogation is not necessary and he should now be released on bail.

Perused the materials placed before us and the statement under Section 164 of the Code of Criminal Procedure.

On perusal of the materials and the statement under Section 164 of the Code of Criminal Procedure, we are not inclined to grant bail to the accused at

this stage. We are informed that charge has yet been framed.

However, the accused petitioner may pray for bail after charge is framed.

Prayer for bail at this stage is refused. CRM 4632 of 2020 is dismissed.

The application being CRAN 2793 of 2020 stands disposed of.