SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

An Application For Anticipatory … vs In Re: Sadhana Bhattacharya on 18 March, 2019

1

66 18.03.2019

SK Court No.28
CRM 2884 of 2019

In the matter of: an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure affirmed on
05.03.2019 in connection with Uttarpara Police Station Case No.
798/2018 dated 01.11.2018 under
Sections 498A/326/307/34 of the Indian Penal Code and adding
Section 302 of the Indian Penal Code.

And

In Re: Sadhana Bhattacharya Petitioner.

Mr. Ayan Bhattacharya,
Mr. Kunal Ganguly ……For the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra … For the State.

It is submitted on behalf of the petitioner that charge-

sheet has been filed against her, inter alia, for the offence

punishable under Section 306 IPC instead of Section 302 IPC.

Hence, this Court may entertain her subsequent prayer for

anticipatory bail in view of the charges in the nature of

accusation, as aforesaid.

Learned Public Prosecutor appearing on behalf of the

State submits that a Co-ordinate Bench of this Court had taken

into consideration the possibility of suicide by the victim as a

probable cause of death while rejecting the prayer for
2

anticipatory bail of the petitioner.

We have considered the materials on record in the light of

the aforesaid submissions of the parties.

No doubt, alteration in the nature of accusation may be a

relevant ground for review of earlier order rejecting prayer to pre-

arrest bail in appropriate cases. However, in the factual matrix of

the case, we find that the Co-ordinate Bench while considering

the prayer for anticipatory bail of the petitioner has taken into

consideration the possibility of the victim committing suicide. As

the petitioner had not informed the parents of the victim of her

unnatural death, the said Bench had declined the prayer of pre-

arrest bail. Under such circumstances, we are of the opinion that

submission of charge-sheet against her for abetment of

commission of suicide under Section 306 of the Indian Penal

Code is not an accusation which was beyond the contemplation

of the Court while considering the earlier prayer for pre-arrest

bail. Accordingly, we are not inclined to review the earlier order

rejecting pre-arrest bail of the petitioner on this score.

We are, however informed that the petitioner is an elderly

lady suffering from various ailments. She is virtually immobile.

Under such circumstances, we observe in the event the petitioner

appears before the Court below and prays for regular bail within

a fortnight from date, the said Court shall consider her prayer for
3

bail in accordance with law bearing in mind the special privilege

available to a sick and elderly woman under the Section 437

CrPC without being swayed by the rejection of pre-arrest bail by

this Court which needless to mention, was turned down on

different parameters.

The application for anticipatory bail, is, accordingly

rejected.

Urgent Photostat certified copy of this order, if applied for,

be supplied expeditiously after complying with all necessary legal

formalities.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh