Amitava Das vs State Of West Bengal & Ors
2021 Latest Caselaw 5677 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Appellate Jurisdiction
                            Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                       C.R.A. 292 of 2020

                           Amitava Das
                                Vs.
                     State of West Bengal & Ors.


For Amicus Curiae:    Mr. Santanu Talukdar



For the State:        Mr. Ranabir Roy Chowdhury
                      Mr. Mainak Gupta



Heard on              : 15.11.2021



Judgment On           : 15.11.2021



Bibek Chaudhuri, J.

Mr. Santanu Talukdar, learned amicus curiae to assist the

appellant and Mr. Ranabir Roy Chowdhury, learned P.P.-in-charge are

present.

It is submitted by the learned amicus curiae as well as Mr. Roy

Chowdhury that the appellant has preferred the instant appeal against

the order passed by the learned Additional Sessions Judge, First

Court, Howrah on 9th September, 2020 in Special Case No.78 of 2020.

By passing the said order the learned Additional Sessions Judge, First

Court, Howrah granted bail to opposite party Nos. 2 and 3.

An order granting bail under Section 439 of the Code of Criminal

Procedure is not a final adjudication of the case and accordingly, the

same is not appealable. If the appellant has any grievance he can file

an application for cancellation of bail.

The instant appeal being utterly misconceived is summarily

dismissed. There shall be no order as to costs. Lower Court record be

sent down to the Court below.

Urgent photostat certified copy of this order, if applied for, be

given to the learned advocates for the parties on usual undertakings.

(Bibek Chaudhuri, J.)