SAIDA BEGAM Vs. NAZRUL KHAN

JUDGEMENT

(1.) D.P. Sengupta, J.-This is an application under section 439(2) of the Code of Criminal Procedure for cancellation of bail.

(2.) It appears that Panskura P.S. Case No. 41/99 dated 24.3.99 under section 448/380/435/326/302/34 of the Indian Penal Code was registered on the basis of a complaint lodged by Mst. Saida Begam. In the said case the present accused opposite party No.1, namely, Nazrul Khan was made an accused. It appears that he filed an application for anticipatory bail under section 438 of the Code of Criminal Procedure before the learned Sessions Judge, Midnapore. The learned Judge by His order dated 29.6.99 allowed the said payer for anticipatory bail and directed the accused to be released on bail of Rs. 1000/- in the event of his arrest. It appears from the said order that the learned Public Prosecutor submitted before the learned Sessions Judge that there is nothing in the case diary against the petitioner. It also appeared from the said order that the learned Judge also perused the case diary and he was also of the same view with the learned Public Prosecutor and accordingly prayer for anticipatory bail was allowed.

(3.) After the anticipatory bail was granted by the learned Sessions Judge on 29.6.99 the accused Nazrul Khan surrendered before the learned SDJM, Tamluk and prayed for regular bail, which was allowed by the learned Magistrate and the accused Nazrul Khan was released on bail of Rs. 1000/- against such order of granting bail, defacto-complainant came up before this Court for cancellation of the said bail. Mr. Kazi Safiuddin the learned Advocate appearing for the defacto-complainant/petitioner submits that the learned Sessions Judge granted anticipatory bail to the accused opposite party No.1 Nazrul Khan without looking into the case diary. The learned Advocate brought our notice to the First Information Report which was lodged by the present petitioner. On perusal of the said first information report it appears that on 23.3.99 at about 9.30 p.m. the miscreants including the present opposite party No.1 Nazrul Khan entered into the house of the complainant and snatched away the key of the almirah from the husband of the complainant. The miscreants took away more than 2 lac of rupees and some other articles. When the husband of the complainant tried to resist them the miscreants assaulted him with a vojali in his abdomen. The entire house was ransacked and was set on fire. The victim ultimately died as a result of such injury.