Calcutta High Court (Appellete Side)
CRM-2251-2017 on 26 April, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 26 26.04.2017
C.R.M. 2251 of 2017 PG Court No.15 Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
In re : Smt. Papita Saha....................petitioner Mr. Subir Debnath Mr. Debjit Kundu............for the petitioner Ms. Purnima Ghosh.........for the State Despite service, opposite party no. 2 is unrepresented. Affidavit of service filed by Mr. Debnath, learned advocate for the petitioner in Court today shall be retained with the records.
It appears from the order dated 19.11.2015 passed in C.R.M. 10061 of 2015 that the opposite party no. 2 had filed an affidavit undertaking to make payment of Rs. 5,000/- per month as consolidated amount of maintenance to his wife i.e. the petitioner herein. In paragraph 07 of this application, it has been pleaded by the petitioner that "till date nothing has been paid or sent to the petitioner as maintenance by the present opposite party no. 2 as directed by this Hon'ble Court."
We are inclined to grant one further opportunity to the opposite party no. 2 to appear before us and have his version heard.
Let affidavit in opposition to the application be filed by the opposite party no. 2 by 05.05.2017.
The application shall be listed on 08.05.2017 under the 2 heading 'For Orders'.
A website copy of this order shall be served on the opposite party no. 2 by the Officer-in-Charge, Bhaktinagar Police Station upon the same being tendered to him by the learned advocate for the petitioner.
It is made clear that in the event the opposite party no. 2 chooses not to be represented on the next date, the bail granted to him is likely to be cancelled.
(DIPANKAR DATTA, J.) (DEBI PROSAD DEY, J.)