Calcutta High Court (Appellete Side)
Rinku Dutta vs State Of West Bengal on 3 March, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy C.R.R. No. 287 of 2010 Rinku Dutta versus State Of West Bengal For Petitioner : Mr. Provas Bhattacharya For State : Mr. Sobhendu Sekhar Roy Heard On : February 9th, 2010.
Judgment On : 03-03-2010.
The present petitioner apprehending arrest in connection with a case relating to offences punishable under Sections 498A/323 of the Indian Penal Code, applied for anticipatory bail before this Hon'ble High Court and her such prayer was allowed. Thereafter, within the period of validity of the said anticipatory bail order, on 23rd of September, 2008, the petitioner and others surrendered before the Court below. When the Learned Magistrate took them into custody called for the Case Diary and released them on interim bail till 21st 2 of November, 2008. On 21st of November, 2008, no Case Diary was produced and accordingly the interim bail was extended till 22nd of December, 2008. On 22nd of December, 2008 Case Diary was produced and the interim bail of the other accused persons was confirmed but as the petitioner was absent, so far as she is concerned her interim bail was extended till 12th of February, 2009 and then again upto 13th of March, 2009. On 13th of March, 2009 the petitioner was present in Court but in absence of Case Diary, the Learned Magistrate extended her interim bail till 22nd of April, 2009. In the meantime, on 25th of March, 2009 the charge-sheet has been submitted against the petitioner and others. Thereafter, on the prayer of the defacto-complainant the Learned Magistrate by his order passed on 15th of September, 2009 directed further investigation in the matter fixing 23rd of November, 2009 for police report and on 23rd of November, 2009 no police report was submitted and the interim bail of the petitioner has been extended till 17th of February, 2010. The petitioner has now moved this Court against non-confirmation of her interim bail.
2. Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record.
3. The Learned Advocate appearing on behalf of the State Mr. Sobhendu Sekhar Roy in his usual fairness submitted that there cannot be any valid reason in refusing to confirm the interim bail granted to the petitioner.
4. The case in question relates to offences punishable under Section 498A/323 of the Indian Penal Code and the present petitioner is the married sister-in-law of the defacto-complainant. This petitioner has been granted 3 anticipatory bail by this Hon'ble High Court and already charge-sheet has been submitted, although the Court below is directed for further investigation. In such circumstances, I do not find any valid reason or any justification for non- disposal of the petitioner's application for bail finally. No reason has been indicated in the order as to why the Learned Court below was not inclined to finally dispose of the petitioner's application for bail. The approach of the Learned Magistrate is clearly erroneous and not in accordance with law. The Learned Magistrate is directed to finally dispose of the petitioner's application for bail in accordance with law, taking into account that the petitioner was enlarged on anticipatory bail by this Hon'ble Court and already charge-sheet has been submitted and all other accused persons including the principal accused are on regular bail. The petitioner is directed to appear in the Court below within four weeks from this date and the Learned Magistrate is directed to positively dispose of her application for bail immediately on her surrender and till the disposal of her bail application, she shall continue on interim bail.
Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.
( Ashim Kumar Roy, J.)