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2026 DAILYLAW 8522 (CAL)

SURAJ SUR v. STATE OF WEST BENGAL AND ORS.

CRM (SB)/65/2024 · 2026-03-05

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.03.2026 IN THE HIGH COURT AT CALCUTTA Item No.20 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. C.R.M. (SB) 65 of 2024 Suraj Sur versus State of West Bengal & Ors. In Re: An Application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973. Mr. Kallol Mondal, Sr. Adv., Mr. Bratin Kumar Dey, Mr. Souvik Das, Mr. Anamitra Banerjee, Mr. Joydeep Das … For the Petitioner. Ms. Sukanya Bhattacharya, Mr. Anindya Sundar Chatterjee … For the State. Mr. Shounak Mondal, Mr. Prattay Khan, Mr. Somdev Ash … For the Opposite Party Nos. 2,3 &4. Learned senior advocate appearing for the petitioner submits that vital documents were not seized by the investigating agency and such documents are in custody of the opposite party nos. 2, 3 and 4 herein. It has been submitted on behalf of the petitioner that there has been non-compliance of the order dated 21.03.2017 passed in CRR 709 of 2016 and the subsequent orders passed by the learned Magistrate. Learned advocate for the State is present. Learned advocate appearing for the accused/opposite party nos. 2, 3 and 4 denies the accusations. The case was initiated in the year 2013. The petitioner preferred a revisional application being Criminal Revision No. 43 of 2023 again before the learned Additional Sessions 2 Judge at Chandernagore and an order was passed on 28.02.2024. The petitioner thereafter has preferred the present application for cancellation of bail. Having considered that the issues canvassed in the application relates to several criminal cases inter se pending between the parties along with the issue of a civil suit also pending, I do not find any merits for interference so far as the order relating to bail is concerned. So far as the issue of production of any document for the ends of justice is concerned, the same would be considered in an appropriate application before the jurisdictional court. The jurisdictional court will exhaust the process of law, if there is any violation. So far as the authority of this Court under Section 439(2) of the Code of Criminal Procedure is concerned, I am not inclined to interfere with the liberty already granted to the accused/opposite party nos. 2, 3 and 4 herein. The application for cancellation of bail being CRM (SB) 65 of 2024 is, thus, dismissed. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)