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    Bail Cancel

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    Yash Singh

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    © All Rights Reserved
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    Bail Cancel

    Uploaded by

    Yash Singh
    5 views3 pages

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    © © All Rights Reserved

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    Copyright:

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    5 views3 pages

    Bail Cancel

    Uploaded by

    Yash Singh

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    © All Rights Reserved
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    of 3

    IN THE SUPREME COURT OF INDIA

    CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO. 383/2024 @ SLP(Crl) No. 12829/2023

    KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA APPELLANT(S)

    VERSUS

    THE STATE OF WEST BENGAL & ANR. RESPONDENT(S)

    O R D E R

    1. Leave granted.
    2. The appellant challenges the order dated 06.09.2023,
    vide which the bail granted to the appellant earlier was
    cancelled.
    3. Learned counsel appearing for the appellant submits that
    the appellant could not attend the Court on the said date as
    there was traffic jam due to VIP movements. He further
    submits that the lawyer of the appellant also could not
    remain present as his Vakalatnama was withdrawn on an
    earlier day.
    4. Learned counsel for the respondent/State and the learned
    counsel for the complainant oppose the petition.
    5. However, we find that merely because the appellant did
    not appear personally could not have been a ground for
    cancellation of bail. The parameters for grant of bail and
    cancellation of bail are totally different. The bail
    already granted may be cancelled, if it is found that the
    person who has been granted the benefit of bail has violated
    any of the conditions or misused the liberty by influencing
    Signature Not Verified
    the witnesses or tampering with the evidence.
    Digitally signed by
    Narendra Prasad
    Date: 2024.01.25
    6. Nothing of that sort is recorded in the impugned
    18:21:25 IST
    Reason:
    judgment. We therefore set aside the impugned order and
    allow this appeal.

    1
    7. Pending application(s), if any, shall stand disposed of.

    ..............................J
    ( B.R. GAVAI )

    ..............................J
    ( SANJAY KAROL )

    ..............................J
    ( SANDEEP MEHTA )

    NEW DELHI;
    JANUARY 24, 2024

    2
    ITEM NO.7 COURT NO.3 SECTION II-B

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 12829/2023

    (Arising out of impugned final judgment and order dated 06-09-2023


    in CRM(DB) No. 3098/2022 passed by the High Court at Calcutta)

    KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA PETITIONER(S)

    VERSUS

    THE STATE OF WEST BENGAL & ANR. RESPONDENT(S)

    Date : 24-01-2024 This petition was called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE B.R. GAVAI
    HON'BLE MR. JUSTICE SANJAY KAROL
    HON'BLE MR. JUSTICE SANDEEP MEHTA

    For Petitioner(s) Mr. Ashok K. Singh,Adv.


    Ms. Ankita Baluni,Adv.
    Ms. Vinita Singh,Adv.
    Ms. Anchal Bindal,Adv.
    Mr. Aftab Ali Khan, AOR

    For Respondent(s) Mr. Atarup Banerjee,Adv.


    Mr. Arindam Sen,Adv.
    Mr. Sunando Raha,Adv.
    Ms. Sampriti B.,Adv.
    Mr. Anupam Raina, AOR

    Mr. Srisatya Mohanty, Adv.


    Ms. Lihzu Shiney Konyak, Adv.
    Ms. Astha Sharma, AOR

    UPON hearing the counsel the Court made the following


    O R D E R
    1. Leave granted.
    2. The appeal is allowed, in terms of the signed order.

    (NARENDRA PRASAD) (POONAM VAID)


    ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

    (Signed order is placed on the file)

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