Jayanta Deb v. The State of Tripura

Order

07.10.2024

This present criminal revision petition has been filed under Sections 397 & 401 of the Code of Criminal Procedure, 1973 for setting aside the order dated 10.09.2024 passed by the learned District & Sessions Judge, Agartala, West Tripura in connection with Criminal Misc.02 of 2024 (P.S. Case No. West Agartala PS 212/2023) by which learned Sessions Judge, Agartala, West Tripura cancelled the bail order dated 11.12.2023 passed by the learned Chief Judicial Magistrate, Agartala, West Tripura and directed the petitioner to surrender before the I.O. of the case. [2]

Mr. B. Deb, learned counsel appearing for the petitioner submits that the present accused petitioner was released on bail on

11.12.2023 and his bail was cancelled on 10.09.2024 i.e. after 9

months. It is contended that I.O got ample opportunity to interrogate the accused person but, mechanically the bail order dated 11.12.2023 passed by the learned Chief Judicial Magistrate has been cancelled. He, therefore, urges this Court to set aside the impugned order dated

10.09.2024 passed by the Court below. [3]

On the contrary, Mr. S. Ghosh, learned Addl. P.P. appearing for the State contends that for the ends of justice, to complete the investigation process the order of the Court below dated 10.09.2024 cancelling the bail order dated 11.12.2023 passed by the learned Chief Judicial Magistrate, Agartala, West Tripura should not be interfered with. He, therefore, prays that the instant petition be dismissed. [4]

Heard learned counsel appearing for the respective parties. Perused the evidence on record. [5]

It is settled principle of law that usually in a routine manner, once bail is granted, it cannot be cancelled but, in certain exceptional matters, where some circumstances warrant, the bail that has been granted can also be cancelled. Here is one such case where the petitioner i.e. accused person was influencing with the witnesses as it is seen from record and thus, the Court below has given a categorical finding after hearing both the sides with regard to cancellation of bail. This Court finds no reason to interfere with the said order of the Court below. Accordingly, the impugned order dated 10.09.2024 passed by the Court below is affirmed and the bail granted to the petitioner on

11.12.2023 stands cancelled. However, liberty is given to the petitioner to move a fresh bail application before the concerned Court in the

event, if there is any change in circumstances and the Court below shall consider the same on merits.

With the above observation, the present criminal revision petition is dismissed. As a sequel, miscellaneous application(s), pending if any, shall also stand closed.

JUDGE

Sabyasachi G.

HIGH COURT OF TRIPURA AGARTALA Crl.Rev.P.65 of 2024 Jayanta Deb ………Petitioner(s) Versus State of Tripura …..……….Respondent(s) For Petitioner(s) : Mr. B. Deb, Advocate. Ms. S. Deb (Gupta), Advocate. Mr. R. Ali, Advocate. Ms. R. Dey, Advocate. Mr. V. Ghosh, Advocate. For Respondent(s) : Mr. Raju Datta, P.P. Mr. Samrat Ghosh, Addl. P.P. HON'BLE MR. JUSTICE T. AMARNATH GOUD