IN RE : ANJALI RAY Vs. STATE

JUDGEMENT

(1.) Party/Parties are represented in the order of their name/names as printed above in the cause title.

(2.) The matter appears under the heading "Assigned Matters" before this Court, being one of three matters assigned by the Note of the Hon'ble the Chief Justice dated 2nd September, 2014.

(3.) Mr. Mitra, Learned Counsel appearing for the petitioner, submits that the present application is one for cancellation of bail under section 439 (2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.). Mr. Mitra essentially makes two points connected to the prayer for cancellation of bail. First, by order dated 31st October, 2013, the Case Diary was produced before the Learned A.C.J.M., Serampore and, on perusal of the Case Diary, the prayer for bail stood rejected. Second, although by order dated 1st November, 2013, the bail was granted to the petitioner along with three other co-accused by recording, inter alia, that the charge-sheet has been submitted, Mr. Mitra expresses reservation connected to the procedure/stand taken by the Learned A.C.J.M., Serampore. Mr. Mitra finds it odd that on the basis of pari materia materials bail which was refused to the petitioner on the previous date, i.e. 31st of October, 2013, was granted on the very next/succeeding date, i.e. 1st of November, 2013. In connection to the above point, Mr. Mitra draws the attention of this Court to paragraph 17 of the present application which reads as follows: