Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL Nos.1003-1004 OF 2009
[Arising out of SLP(Crl.) Nos.6260-6261 of 2008]
BIVASH CHANDRA DEBNATH @ PATAL & ORS. ... Appellant(s)
Versus
STATE OF WEST BENGAL ... Respondent(s)
O R D E R
Leave granted.
These appeals are directed against an order passed by the Division
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Bench of the Calcutta High Court on 9 June, 2008 in CRA. No.235 of 1994, canceling
the bail granted to the appellants during the pendency of the appeal. The only ground
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on which the bail was cancelled is that on 9 June, 2008, the appellants went
unrepresented. No other ground has been given for cancelling the bail.
In our view, this order of the Division Bench of the High Court cannot be
sustained since on the date in question, the names of the learned counsel representing
the appellants had not been indicated in the cause list. Furthermore, there is also no
reason given for cancellation of the bail. Accordingly, the said order is set aside, the
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order granting bail to the appellants on 26 September, 1994,
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is restored.
The appeals are disposed of.
...................J.
(ALTAMAS KABIR)
...................J.
(CYRIAC JOSEPH)
New Delhi,
May 11, 2009.