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Joydeb Debnath vs The State Of West Bengal & Anr on 8 February, 2019

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08.2.2019
Item No. 24
Court No.40
A.B.

CRR No. 307 of 2019

In the matter of: Joydeb Debnath
Petitioner

– versus –

The State of West Bengal anr.

Opposite Parties
Mr. Krishnendu Bhattacharya
Mr. Partha Sarathi Mondal
For the Petitioner

The impugned order No. 6 dated 18.1.2019 passed by the learned Sessions

Judge, Alipore in Criminal Misc. case No. 4348 of 2018 in connection with Sonarpur

Police Station Case No. 492 dated 31.03.2018 Under Sections 498A/307/427/506

of the Indian Penal Code cancelling the prayer for bail is a subject of assail in this

case. Admittedly the revisionist petitioner was favoured with anticipatory bail by

learned Sessions Judge. Subsequently revisionist obtained regular bail after

surrendering before the Court of learned A.C.J.M., Baruipur. It was contended that

after being emboldened by the order granting bail, the revisionist pressurized and

threatened defacto-complainant/wife to withdraw the case. The defacto-

complainant wife was even subjected to assault, insult etc. during the period of

enjoyment of bail by revisionist. Two G.D. entries, dated 20.04.2018 and 04.7.2018

had to be lodged by the defacto-complainant wife in such a situation. Upon

consideration of the G.D. entries, learned Sessions Judge, South 24Parganas was

pleased to cancel the bail with direction upon the learned Magistrate to issue non-

bailable warrant of arrest against the revisionist.

In the mean time charge sheet against the revisionist has been submitted

under Sections 498A/427 of the I.P.C. thereby deleting Section 307 of the I.P.C.

against the revisionist accused. Learned Court below by order dated 25.7.2018 had

already taken cognizance of the offence after the charge sheet was submitted.

It is submitted by the learned advocate for the revisionist that the submission

of charge sheet against the revisionist making out a case of 498A/427 of the I.P.C.

simpliciter could not be taken care of by the learned Sessions Judge, while passing

order making cancellation of the bail of the revisionist accused. Thus according to

revisionist, a new dimension with a new horizon has come up before the Court

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below with the submission of charge sheet against the revisionist accused under

Section 498A/427 of the I.P.C. Offence complained of is a matter of grave

significance, while making consideration of the prayer for bail. The parameter for

consideration of the bail and the parameter for cancellation of the bail is not same

and identical, but such parameter has to be decided in context with the offence

complained of.

In a situation like this the revisional application can be disposed of giving

suitable direction to this case. Let the impugned order of the learned Sessions

Judge, Alipore, South 24Parganas dated 18.01.2019 passed by the learned Sessions

Judge in Misc. Case No. 4348 of 2018 cancelling the order of bail be stayed for a

period of four weeks from hence subject to the condition that revisionist/accused

shall surrender before the learned ACJM, Baruipur in connection with Sonarpur

Police Station case No. 492 dated 31.3.2018 under Sections 498A/427 of the I.P.C.

within the period of time, as stipulated herein above. The Court makes it clear that

in the event if any bail petition is submitted by the revisionist accused, learned

Magistrate shall dispose of the same in accordance with the law giving sufficient

opportunities to either of the parties involved in this case.

With this direction, the revisional application stands disposed of.

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

the party on usual undertaking.

(Subhasis Dasgupta, J.)

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