B N ELIAS AND CO Vs. STATE

JUDGEMENT

(1.) This is an application for cancellation of bail and to recall the order dated 08.04.2013, passed in CRM No. 4963 of 2013.

(2.) The background of this case in brief is as follows:- The de facto complainant filed a complaint dated 18.2.2013 before the learned Chief Judicial Magistrate, North 24- Parganas, Barasat under Section 420/466/467/468/ 471/120B of the Indian Penal Code against the accused persons. Barasat Police Station Case No. 408 of 2013 dated 24.02.2013 was started. On 06.03.2013, the private respondents were arrested and on 04.04.2013 they filed an application for bail in CRM 4963 of 2013. On 08.04.2013 the Hon'ble Court enlarged the petitioners on bail.

(3.) It was alleged that during hearing of the bail application the present petitioners were not notified and heard. Out of the above 2 noted Sections of offences the punishment for offence, under Section 467 of the Indian Penal is up to 10 years or imprisonment for life. As per Rule 9(2)(iii) of the Calcutta High Court Appellate Side Rules, such bail application should be placed before a Division Bench. There was no scope for the Hon'ble Single Bench to exercise jurisdiction over this matter. So prayer was made for recalling of the order dated 08.04.2013 and cancelling the bail granted by the order.