MOHAMMAD SADIQ AHMED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 482 of the CrPC is directed against the impugned order dtd. 2/5/2022 passed by the First Additional Sessions Judge, Rajnandgaon in Criminal M.J.C. NO.6/2022, by which the learned First Additional Sessions Judge has allowed the application filed by respondent No.2 under Sec. 439(2) of the CrPC and set aside the order dtd. 4/4/2022 passed by the Judicial Magistrate First Class, Ambagarh Chowki admitting the petitioners herein to the privilege of bail under Sec. 437 of the CrPC.

(2.) On a complaint of respondent No.2 herein, wife of petitioner No.1 and daughter-in-law of petitioner No.2, offence under Sec. 498A/34 of the IPC and Sec. 4 of the Muslim Woman (Protection of Rights on Marriage) Act, 2019 (hereinafter 'Act of 2019') was registered against the petitioners herein, against which, the petitioners herein filed an application under Sec. 437 read with Sec. 44 of the CrPC. Learned trial Magistrate while hearing the application though attempt was made to serve notice to the respondent / wife, but it could not be served and ultimately, without serving notice to the respondent / wife, bail was granted and the petitioners herein were admitted to the privilege of bail under Sec. 437 of the CrPC. Feeling aggrieved against the aforesaid order, respondent No.2 herein filed an application under Sec. 439(2) of the CrPC for cancellation of bail, which has been allowed by the learned First Additional Sessions Judge, Rajnandgaon by the impugned order and the matter has been remitted to the trial Magistrate for passing the order afresh after affording an opportunity of hearing to respondent No.2 herein, against which, this petition under Sec. 482 of the CrPC has been filed by the petitioners herein.

(3.) Mr.Punit Ruparel, learned counsel for the petitioners, would submit that the learned First Additional Sessions Judge is absolutely unjustified in cancelling the bail by recording a finding which is perverse to record, which is liable to be set aside.