LAWS(CAL)-2015-7-177

SMRITI BISWAS (MONDAL) Vs. AMULYA DEBNATH & ORS

Decided On July 10, 2015
SMRITI BISWAS (MONDAL) Appellant
V/S
AMULYA DEBNATH And ORS Respondents

JUDGEMENT

(1.) The learned counsel for the petitioner vehemently contends that accused/opposite parties have been granted anticipatory bail by the learned Sessions Judge, North 24 Parganas in connection with a case involving offences punishable under the provision of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, although according to the provisions of Section 18 of the said Act, no application for anticipatory bail is maintainable. He further submits besides above, accused/opposite parties suppressed that earlier their prayer for anticipatory bail application in connection with the self-same case was rejected by the court concerned at least thrice.

(2.) The learned counsel for the State adopted the submissions of the learned counsel for the petitioner. He then submits that after obtaining anticipatory bail, the accused/opposite parties have surrendered before the Regular Court and have been released on bail, therefore, not only the order of anticipatory bail but also a consequential order ought to be quashed.

(3.) On the other hand, the learned counsel for the accused/opposite party No. 1 to 3 has not disputed the legal position. However, he submits that when after obtaining the anticipatory bail the petitioner surrendered in the court and obtained regular bail and when nothing is forthcoming that after obtaining the bail, they have misused the liberty, the question of cancellation of bail does not at all arise. He submits that the accused/opposite parties may be permitted to remain on the same bail.