JAISWAL TRADE AND COMMERCE PVT LTD Vs. STATE

JUDGEMENT

(1.) Heard Mr. Sandipan Ganguly, learned advocate appearing on behalf of the petitioner. Mr. Ayan Bhattacharjee, learned advocate for the opposite party files affidavit-in-opposition in this Court as per direction passed by this Court on 21-12-2011. Let it be kept with the record. This application under section 439(2) of the Code of Criminal Procedure praying for cancellation of bail has been taken out by the Jaiswal Trade & Commerce Pvt. Ltd., mainly on the following grounds:-

(2.) Heard Mr. Sandipan Ganguly, learned advocate appearing on behalf of the petitioner. Perused the order passed by the Ld. Magistrate as well as by this Court together with the forwarding report and the G.D. Entry being Entry No. 880 dated January, 2011 and the letter dated 01-11-2011 addressed to the Officer-in-Charge, South Port Police Station.

(3.) Two applications for bail under section 439 Cr.P.C. were filed by the opposite party No. 2, one in the Court of the Ld. Chief Judicial Magistrate, Alipore and another in this Court. The application for bail filed by him in the Court of the Ld. Chief Judicial Magistrate, Alipore was heard on 24-10-2011 and the Ld. Magistrate, upon consideration of the materials on record and the submission of the parties, rejected the prayer for bail and allowed the prayer of the Investigating Officer granting police custody of the opposite party No. 2 till 29-10-2011. The application for bail dated 24-10-2011 filed in this Hon'ble Court was taken up on 25-10-2011 for hearing.