The Calcutta High Court, presiding over an anticipatory bail application, took sharp note of a glaring procedural shortfall in the handling of the case by police officials. The judge scrutinized the case diary that had been submitted during the hearing and was informed by the state’s counsel that the diary lacked several crucial documents. Specifically, the copy provided to state counsel omitted a discharge certificate detailing a serious injury suffered by the victim—information that could materially affect bail considerations.
Upon learning of the omission, the court summoned the Investigating Officer, who subsequently furnished the original, complete case diary containing the missing discharge certificate. The oversight prompted significant judicial disapproval. The court described the incident as “very unfortunate” and held that it was imperative to escalate the matter. Accordingly, the High Court directed that a copy of its order be sent to the Director General of Police (DGP) of West Bengal via special messenger, urging the DGP to consider launching a formal inquiry into how such a significant omission occurred.
The missing discharge certificate revealed that the victim had sustained a splenic laceration and undergone surgery for spleen removal—key evidence that could influence the evaluation of bail. With these critical details only becoming known after scrutiny of the full case diary, the court underscored the importance of accuracy and completeness in legal documents submitted during judicial proceedings.
Rejecting the bail application in light of the now-evident severity of the injury and the incriminating material, the High Court emphasized that procedural integrity is paramount in ensuring justice is served—particularly in sensitive matters like pre-arrest bail, where the stakes involve balancing liberty and public safety.
This ruling not only impacted the case at hand but also serves as a stern reminder to law enforcement agencies about the necessity of meticulous documentation. The court’s decision to involve the DGP signals a call for systemic accountability and adherence to procedural norms in criminal investigations and court submissions.
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