Supreme Court: The court can cancel the bail if the bail has been obtained by placing wrong facts before the court

 The learned counsel appearing for the State

would vehemently submit that Babu Chatterjee

obtained bail by making false statement before the

Court that almost 25 witnesses are to be examined

whereas only 13 witnesses are to be examined. {Para 4}

5. If it is the case of the State that Babu

Chatterjee, the co-accused obtained bail by

suppressing the true facts before the High Court,

then the High Court should have considered the

application preferred by the State for

cancellation of bail of Babu Chatterjee.

6. We fail to understand why the High Court says

that a coordinate Bench cannot cancel the bail

granted to an co-accused. If the bail has been

obtained by placing wrong facts before the High

Court, the Court can always look into the matter

and pass an appropriate order.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)

No(s).9148-9149/2026

SURAJ MAHANANDA  Vs  STATE OF WEST BENGAL 

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA

HON'BLE MR. JUSTICE K.V. VISWANATHAN

Date : 27-05-2026 

UPON hearing the counsel the Court made

the following O R D E R

1. The petitioner has been denied regular bail

by the High Court in connection with the First

Information Report No.477/2024 registered with

Sankrail Police Station, Sub-Division Howrah,

District Howrah for the offence punishable under

Sections 21(c) and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short, “the

NDPS Act”) respectively.

2. We heard Mr. Sukesh Ghosh, the learned

counsel appearing for the petitioner and Mr. Parag

Chaturvedi, the learned counsel appearing for the

State.

3. We take notice of the fact that the

petitioner is in judicial custody as an undertrial

prisoner past 1 year and 10 months. We also

take notice of the fact that till this date, only

01 witness has been examined. More importantly,

the co-accused Babu Chatterjee @ Dipendera Narayan

Chatterjee, similarly situated like the present

petitioner is on bail.

4. The learned counsel appearing for the State

would vehemently submit that Babu Chatterjee

obtained bail by making false statement before the

Court that almost 25 witnesses are to be examined

whereas only 13 witnesses are to be examined.

5. If it is the case of the State that Babu

Chatterjee, the co-accused obtained bail by

suppressing the true facts before the High Court,

then the High Court should have considered the

application preferred by the State for

cancellation of bail of Babu Chatterjee.

6. We fail to understand why the High Court says

that a coordinate Bench cannot cancel the bail

granted to an co-accused. If the bail has been

obtained by placing wrong facts before the High

Court, the Court can always look into the matter

and pass an appropriate order.

7. Be that as it may, today, the fact is that

Babu Chatterjee @ Dipendra Narayan Chatterjee is

very much on bail.

8. In view of the aforesaid, we order that the

petitioner be released on bail forthwith, if not

required in any other case, subject to terms and

conditions that the Trial Court may deem fit to

impose. Trial shall proceed further expeditiously.

10. With the aforesaid, the Special Leave

Petitions stand disposed of.

11. Pending application(s), if any, shall also

stand disposed of.

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