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Judgments of Supreme Court of India and High Courts

Md. Firoj Alam @ Laltu vs The State Of West Bengal & Anr on 31 July, 2019

1

31-07-2019

ct no. 14
Sl.1
sp

C.R.R. 1223 of 2019

Md. Firoj Alam @ Laltu
Vs.

The State of West Bengal Anr.

Mr. Sabyasachi Banerjee,
Mr. Angshuman Chakraborty,
Mr. S.S. Saha

…for the petitioner.

Mr. Avik Ghatak,
Mr. Mainak Swarnokar
…for the opposite party no. 2
Mrs. Anosuya Sinha
…for the State

In respect of an allegation and an FIR under Sections

498A/325/307/376D/313/406 and under the provisions of the

SectionDowry Prohibition Act, an investigation was commenced.

The revisionist applied for bail before the learned

Magistrate and was granted the same on August 31, 2018.
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Subsequently, the learned Sessions Judge-in-charge, who

was acting in place of the regular Sessions Judge also, granted

anticipatory bail to the brother of the revisionist.

Thereafter, the Investigating Officer on October 3, 2018

filed an application for cancellation of bail before the regular

Sessions Judge.

The learned counsel for the revisionist disputes the exact

date on which such application was made and submits that it was

made sometime in December. The records will suitably indicate

the exact date. The learned Sessions Judge by a detailed order

dated April 11, 2019 cancelled the bail. The grounds for the same

were that the facts standing in the Case Diary did not warrant the

grant of bail.

The revisionist would argue that passage of time, for about

one and a half month of grant of bail, an application for

cancellation of bail, by the Officer-in-Charge, throws open serious

questions as regards the bona fides of such application.

This Court had summoned the case diary and the same

reveals horrific and shocking treatment of victim. This Court,
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however, does not express any opinion thereon, as the records will

speak for themselves.

Applying the principles laid down by the Hon’ble Supreme

Court in the case of Bharatbhai Bhimabhai Bharwad Vs. State of

Gujarat being Criminal Appeal No. 1162-1163 of 2019, delivered

on 30th July, 2019, one would normally assume that the Sessions

Judge was acting in Revision while cancelling / setting aside the

bail. The Sessions Judge was, however, dealing with an

application for cancellation of bail.

Despite the above, in the peculiarly shocking facts and

circumstances of the case and despite a lapse of about 8 months

from the grant of bail by the learned Magistrate in the first place,

this Court is of the view that bail ought not to have been granted

to the Revisionist. The impugned order is therefore not interfered

with.

The petitioner shall surrender before the Investigating

Officer within a period of 48 hours, failing which the Investigating

Officer shall be entitled to take steps in accordance with law. The

petitioner obviously has remedies available to him under the Code

of Criminal Procedure.

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With the aforesaid directions, the revisional application is

disposed of.

No order as to costs.

The original case diary is returned back to the

Investigating Officer.

The personal presence of the Investigating Officer is

dispensed with.

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

be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)

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