‘Its solemn authority of the Sessions Judge, to consider the bail prayer of an accused u/s 439 Cr.P.C. independently.’ : Calcutta HC

The single-judge bench consisting of Justice Subhendu Samanta of the Calcutta High Court in the case of Sk. Farid @ Fariduddin v. The State of West Bengal affirmed a Sessions Court ruling canceling bail on the grounds that the accused lied to the Sessions Court about his former bail application being denied by the High Court.

Facts of the Case:

An application was filed by the complainant under Section 439 (2) for the cancellation of the bail granted to the accused petitioner. The Sessions Court on May 8, 2018, allowed the application for cancellation of bail and the order granting bail in favor of the present petitioner was canceled. Hence, the accused petitioner filed the present revision petition before the High Court.

Judgment Review:

The Court noted that while submitting the bail prayer the petitioner on affidavit stated no application for bail has been either rejected by the High Court or is pending for disposal before the High Court and on the basis of such declaration, the order of bail was granted by the Sessions Court. It was further noted by the bench that the Sessions Court while passing the impugned order was of the view that the suppression of earlier rejection of bail prayer by the High Court was a fraud practice upon a court. Thus, the bench upheld the impugned order of the Sessions Court and dismissed the revision petition filed by the accused petitioner.

Click here to view the Judgment

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