RAJU Vs. TOBREJ AND ORS.

JUDGEMENT

(1.) Both the Criminal Miscellaneous Cases mentioned above are for cancellation of bail in connection with Howrah P.S. Case No. 86/2013, dated 05.02.2013 under Sections 147/148/149/302/506/34 I.P.C. (G.R. Case No. 767/2013). In C.R.M. No. 8191/2013 the four Opposite Parties/Accused Persons were granted bail on 06.06.2013 and in C.R.M. No. 12484 of 2013, eight Opposite Parties/Accused Persons were granted bail on 08.08.2013, both by the learned Sessions Judge, Howrah.

(2.) The facts common in both the cases are as follows:--

(3.) The four Opposite Parties/Accused Persons in C.R.M. No. 8191/2013 filed an application for anticipatory bail under Section 438 Cr.P.C. which was allowed by the learned District Judge, Howrah on 05.03.2013. Thereafter the present petitioner filed an application under Section 439(2) Cr. P. C. on 11.03.2013 in this Court and thereby prayed for the cancellation of the anticipatory bail granted to those four Opposite Parties/Accused Persons. The said application for cancellation of bail was allowed and the anticipatory bail granted to the Opposite Parties/Accused Persons was cancelled by this Court by an order dated 21.03.2013 in C.R.M. No. 3551/2013. Subsequently those Opposite Parties/Accused Persons surrendered and again prayed for regular bail before the learned Sessions Judge, Howrah and the learned Sessions Judge, Howrah by an order dated 06.06.2013 granted regular bail to the Opposite Parties/Accused Persons in C.R.M. 8191/2013. The said order of the learned Sessions Judge, Howrah has been challenged with the prayer for cancellation of the bail, in C.R.M. No. 8191/2013.