RASHBEHARI KARMAKAR Vs. INDRAJIT MUKHERJEE

JUDGEMENT

(1.) This is an application under section 439(2) read with section 482 of the Criminal Procedure Code praying for cancellation of the Bail granted by the learned Sessions Judge, Burdwan in Criminal Miscellaneous Case No. 3097 of 1997 confirming an interim bail dated 23.12.97 granted earlier by the learned Sessions Judge, Burdwan to the opposite party No. 1, Sri Indrajit Mukherjee in connection with Kalna P.S. Case No. 145 of 1995 corresponding to G.R. Case No. 294 of 1994 pending before learned SDJM, Kalna, Burdwan under sections 326/307/120B/201 of the Indian Penal Code.

(2.) The facts leading to the filing of the present application may be summarised as follows:

(3.) Sri Gurudas Halder, an active member of the State Government Employees' Federation, West Bengal was having a dispute with his landlord. S.I., Sri Tapan Choubey attached to the Kalna P.S., sided with the aforesaid landlord and in order to teach a lesson to Sri Halder, he was taken into custody and was placed in the lock up during the evening of 09.08.1994, and while detained in the lock up, Sri Gurudas Halder was brutally assaulted by Sri Tapan Choubey and he was compelled to sign on a non-judicial stamp paper wherein it was stated that he has relinquished his tenancy in favour of his landlord quite voluntarily on a date mentioned in such paper.