'Unfortunate That Case Diary Given By Police In Pre-Arrest Bail Case Lacked Crucial Documents': Calcutta HC Asks DGP To Consider Enquiry

The Calcutta High Court, while deciding an anticipatory bail application, came down heavily on a police officer as the copy of the case diary which was sent to the Court for the hearing was missing important documents, which had been brought to the notice of the court by the advocate appearing for the state. Justice Jay Sengupta found the incident to be very unfortunate and deemed it fit to bring it to the notice of the DGP of the State of West Bengal. “It is indeed very unfortunate that for whatever reason a copy of the case diary was handed over to the learned counsel for the State which did not contain copies of valuable documents like Discharge Certificate of the victim showing serious injury. It was only when the Investigating Officer was asked to come with the case diary that this could be detected. It will be for the appropriate authorities to decide whether to conduct any enquiry over this or not. Let a copy of this order be sent to the DGP, West Bengal by Special Messenger,” he said.These observations came in a plea for anticipatory bail wherein the counsel appearing for the de-facto complainant opposes the prayer for anticipatory bail. She relied on a Discharge Certificate of one of the victims from a Government Hospital, which shows that apart from other injuries, the victim had suffered from splenic laceration and the spleen had to be removed by surgery. It is further submitted that the relevant documents were handed over to the Investigating Officer.Counsel for the state claimed that the Discharge Certificate in question was not in the xerox copy of the case diary. Initially, a copy of the case diary was handed over to the learned counsel of the State, which did not contain the Discharge Certificate of the victim in question. Subsequently, upon enquiry, the Investigating Officer handed over the original case diary, which contains the Discharge Certificate. Considering the incriminating materials available in the case diary and the copy of the Discharge Certificate showing serious injury inflicted on vital parts of the body of the victim, the court declined to grant anticipatory bail to the petitioners.Case: In the matter of: AAA & Ors.Case No: C.R.M.(A) 2414 of 2025Click here to read order

'Unfortunate That Case Diary Given By Police In Pre-Arrest Bail Case Lacked Crucial Documents': Calcutta HC Asks DGP To Consider Enquiry

Srinjoy Das

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