YUSUF ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sections 379/401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside the order dated 23rd May, 2013 passed by the learned Chief Judicial Magistrate, Howrah interconnection with J.B. Pur Police Station Case No. 61 of 2013 under Sections 302/34 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act. By the order impugned learned trial court cancelled the bail of the present petitioner and issued warrant of arrest without giving an opportunity of being heard to the petitioner. Learned advocate for the petitioner submits that the petitioner was granted anticipatory bail by the learned District and Sessions Judge, Howrah in Criminal Misc. Case No. 596 of 2013 vide order dated 7th May, 2013. He submits that in terms of said order the petitioner appeared before the learned lower court and was released on regular bail vide order dated 13th May, 2013. According to him learned lower court cancelled said bail on the ground of alleged suppression of material facts by the petitioner before the learned District and Sessions Judge at the time of granting anticipatory bait, but lower court had no right to cancel the bail without giving at least an opportunity of being heard to the petitioner.

(2.) Learned advocate, Mr. Ghosh appearing for the State is fair enough to admit the said proposition of law.

(3.) Admittedly, an order of bail earlier granted maybe cancelled if situation so demands, but before cancellation of the bail the accused should be given a chance of hearing otherwise it will amount to passing an order behind his back violating natural justice.