HAZARI LAL DAS versus STATE OF WEST BENGAL & ANR.

HAZARI LAL DAS versus STATE OF WEST BENGAL & ANR.

The cancellation of anticipatory bail by the High Court was not justified as there was no interference, abuse of concession, or supervening circumstances warranting cancellation; the judicial discretion exercised by the Sessions Judge was improperly interfered with.

Parties
Appellant: Hazari Lal Das; Respondents: State of West Bengal & Anr.
Jurisdiction
India
Judgment Date
08 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Cancellation of Anticipatory Bail
Outcome
Appeal allowed
Legal Topics
Anticipatory Bail, Cancellation of Bail

Case Brief

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Parties

Hazari Lal Das

Appellant

State of West Bengal & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Cancellation of Anticipatory Bail

  1. 1 Whether the cancellation of anticipatory bail by the High Court was justified

Ratio Decidendi

The cancellation of anticipatory bail by the High Court was not justified as there was no interference, abuse of concession, or supervening circumstances warranting cancellation; the judicial discretion exercised by the Sessions Judge was improperly interfered with.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated September 18, 2008 cancelled
  • Appellant to attend Gosaba Police Station once a week as directed by Sessions Judge until completion of investigation