Item No. 24
CRR No. 307 of 2019
In the matter of: Joydeb Debnath
– versus –
The State of West Bengal anr.
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
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
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.)