MD RAJU Vs. MD SALIM

JUDGEMENT

(1.) This application has been filed by the de facto complainant under section 439(2) of the Code of Criminal Procedure, for cancellation of the bail granted to the opposite parties, accused inter alia under section 302 of the Indian Penal Code, for murder of one Md. Arju, younger brother of the de facto complainant on 5th February, 2013. Mr. Pradip Kumar Roy, appearing on behalf of the accused opposite parties prayed for directions to file affidavits. However, we did not deem it necessary to call for affidavits, as the case diary is before us. The prayer of Mr. Roy for affidavits was considered and refused.

(2.) Pursuant to a complaint in writing lodged by the de facto complainant, Police Station Case No. 86 of 2013 was initiated against the accused/opposite parties under sections 147/148/149/302/506/34 of the Indian Penal Code on the same day i.e. 5th February, 2013.

(3.) The accused/opposite parties filed an application under section 438 for anticipatory bail before the District Sections Judge, Howrah being Criminal Miscellaneous Case No. 306 of 2013.