Tapan Kumar Ghosh @ Tapan Ghosh vs Unknown
2021 Latest Caselaw 6200 Cal

  7
7.12.2021

sb

CRM 6044 of 2021 (Via video conference)

In Re: Application for Bail under Section 439 of the Code of Criminal Procedure.

And

In the matter of : Tapan Kumar Ghosh @ Tapan Ghosh .......Petitioner

Mr. Apurba Dutta Mr. Joyjit Roy Choudhury .....for the Petitioner

Mr. S.S. Imam Mr. S. Kundu .....for the State

This application has been preferred in respect of execution

cases wherein orders were passed by the Learned District

Consumer Disputes Redressal Forum, South 24 Parganas.

I find that the execution cases range from the year 2015 to

2018. None of the orders have been enclosed regarding the

quantum which has been directed to be paid to the applicants in

the judgments delivered by the forum.

Further on query, the learned advocate for the petitioner

submits that no appeal has been preferred till date. If any

modification or alteration are to be done, the same is by the

appellate court or the courts dealing with matters relating to

tribunals, this court under Section 439 of the Code of Criminal

Procedure cannot release a person where execution cases are

pending.

Having regard to the huge number of cases pending

against the present petitioner, I am of the view that the

petitioner cannot be released on bail on two grounds, firstly, the

application is misconceived and secondly, the application itself

lacks transparency for this court to exercise its jurisdiction.

Accordingly, CRM 6044 of 2021 is dismissed.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

obtained from the official website of this Court.

(Tirthankar Ghosh, J.)