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2016 DIGILAW 1111 (SC)

Barun Dutta v. State of West Bengal

2016-08-22

ASHOK BHUSHAN, S.A.BOBDE

body2016
ORDER : MR. S.A. Bobde, J. Leave granted. 2. The appellant-accused has preferred this appeal by special leave against the impugned order dated 3.2.2016 passed by the High Court in CRM No.10982 of 2015 and connected application, whereby the bail granted to the appellant herein as also the co-accused namely Subhash Chakraborty in the connected application by the learned Sessions Judge, has been cancelled. 3. We have heard learned counsel appearing for the parties and perused the record. 4. We find that the aforesaid impugned order, which was commonly passed by the High Court in respect of the co-accused namely Subhas Chakraborty and the appellant herein, has already been set aside by this Court vide order dated 29.2.2016 in Criminal Appeal No.175 of 2016 (preferred by the co-accused namely Subhas Chakraborty), directing that the bail granted by the learned Sessions Judge shall continue. 5. In these circumstances, there is no reason as to why the impugned order of the High Court cancelling the bail qua the present appellant should also not be set aside. 6. Accordingly, we allow this appeal, set aside the impugned order passed by the High Court and direct that the bail granted by the learned Sessions Judge shall continue, insofar as the present appellant is concerned. Naturally, the bail granted will be subject to all such conditions as have been imposed by the learned trial court.