- (1.) The accused opposite party no. 1, 2 and 3 Basanta Lal Gupta, Rohit Gupta and Subrata Roy, who were wanted in connection with Dum Dum Police Station case no. 642 dated 30.06.2015 under sections 420/465/467/468/471/120B IPC, surrendered before the learned Additional Chief Judicial Magistrate, Barrackpore, on July 4, 2015 and prayed for bail. The learned Magistrate allowed their such prayer by making the following order, " ......... Hd. both sides. Perused the materials on record. Considered. Ld. A.P.P. raises no objection to the prayer for bail. It appears that the offences are triable by this Court and the accused persons have surrendered voluntarily. So, I do not find any reason for their custodial detention. Accordingly, the accused persons may find bail of Rs. 1,000/ - each with one surety of like amount with condition to co -operate with the I/O i.d. to J/C. To date."
(2.) Now, the de facto complainant, the petitioner herein, on September 15, 2015 has approached this court seeking cancellation of such bail.
(3.) The learned counsel for the petitioner contended, out of the offences involved, the offence punishable under section 467 IPC is punishable with imprisonment for life and therefore, on the face of specific statutory bar contained in section 437 CrPC, the order of granting bail is totally without jurisdiction and illegal. He then invited our attention to the order impugned and vehemently urged no where in the order any reason has been assigned as to why the petitioners were granted bail on the very day of their surrender in the court, nor the order reflected that the materials collected during investigation was considered by the court concerned. He then submitted that it is now well settled that even an order of granting bail can very well be interfered with by the higher court, where such order is patently illegal and without jurisdiction even in absence of adverse post -bail conduct.;