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29/01/2019

ARDR
CRR 1941 of 2018

Anjuara Bibi
Vs.

The State of West Bengal

Mr. Prasun Kumar Dutta,
Mr. Santanu Deb Roy,
…for the petitioner.

This is an application under Section 401 read with Section 482 of the

Code of Criminal Procedure in which the impugned order dated 03/9/2016

passed by the learned Chief Judicial Magistrate, Balurghat, Dakshin

Dinajpur in connection with Balurghat P.S. case no. 526 of 2015 dated

15/7/2015 under Sections 498A/304B of the Indian Penal Code giving rise

to G.R. case no. 945 of 2015 issuing warrant of arrest against the revisionist

is the subject of assail. Admittedly the revisionist was on bail granted by the

Court below. Further admitted position is that the police, after investigation,

submitted the charge sheet on 03/9/2016 under Section 498A/304B of the

Indian Penal Code against as many as five accused persons. The other co-

accused persons are submitted to be enjoying bail at the moment.

It is submitted by the revisionist that the revisionist misused the

privilege of bail and as a result of which warrant of arrest has been issued

against the revisionist/accused. The revisionist is further submitted to be

mother-in-law of the deceased.

Since the revisionist was all along on bail granted by the learned Court

below, the revisional application can be effectively disposed of by giving

following direction.

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The revisionist/accused is directed to surrender before the learned

Court below within a fortnight from the date of this order and in the event if

any bail application is filed, after doing necessary surrender in terms of the

direction of this Court, learned Magistrate would be at his liberty to dispose

of the prayer for bail in accordance with law keeping in mind the fact that the

revisionist/accused was all along on bail granted by the learned Court below.

With this observation, the revisional application stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to

the parties upon compliance of all necessary formalities.

(Subhasis Dasgupta, J.)