MD. FERDAUS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has applied for cancellation of the anticipatory bail granted by the Learned Sessions Judge, Birbhum on July 13, 2021 and the consequent order of bail passed by the Learned Magistrate on July 15, 2021 in favour of the private opposite parties Nos. 2 and 3.

(2.) Learned Advocate appearing for the petitioner has submitted that, the police commenced an investigation inter alia under Sec. 498A/304B/306/201/34 of the Indian Penal Code read with Ss. 3 and 4 of the Dowry Prohibition Act, 1961, inter alia against the private opposite parties. The police had filed a charge sheet on June 5, 2021 in respect of such investigation. The police had filed a supplementary charge sheet, inter alia, under sec. 302 of the Indian Penal Code on January 22, 2021. He has submitted that, the Learned Sessions Judge failed to appreciate the materials in the case diary while granting anticipatory bail to the private opposite parties. According to him, considering the seriousness of the offence alleged and the materials in the case diary and given the contents of the charge sheets dated June 5, 2021 and January 22, 2022 when there is a charge of murder against the opposite parties Nos. 2 and 3, the Learned Sessions Judge should not have granted anticipatory bail to the private opposite party.

(3.) Learned Advocate appearing for the petitioner has submitted that, once police filed a charge sheet involving a graver offence, then, the Court ought to cancel the bail granted in favour of the accused. In support of his contentions, learned Advocate appearing for the petitioner has relied upon 2001 Volume 4 Supreme Court Cases 280 (Prahlad Singh Bhati vs. NCT. Delhi and Another), 2008 Volume 1 Supreme Court Cases 474 (Hamida vs. Rashid Alias Rasheed and Others) and 2019 Volume 17 Supreme Court Cases 326 (Pradeep Ram vs. State of Jharkhand and Another).