ANANDA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Non application of mind followed by popular prejudice, has resulted in the Order No. 3 dated 29/06/2009 before the learned Sessions Judge, Paschim Medinipur in Criminal Misc. Case No. 943 of 2009. As a fall out thereof, the Petitioner was refused an Order under Section 438 Cr.P.C. on the ground ".....if bail is granted under Section 438 Cr.P.C. to the husband that will give bad signal to the society", whereas the other In Laws were given the same relief as ".......they are in-laws........."

(2.) A plain reading of the Case Diary manifestly demonstrates that the bundle of allegations contained therein, are absolutely pari passu in nature, both against the present petitioner as well as the Parents-in-Law of the Deceased. In fact, the tenor of the allegations are so intertwined against all the petitioners, it passes beyond our comprehension as to how the case of the petitioner can be sifted from the others - simply, because he was a husband.

(3.) It is unfortunate that the learned Sessions Judge suffers from the mindset that admitting the prayer of her. husband in respect of Section 438, Cr.P.C. "will give bad signal to the society" even though while rejecting his prayer on the selfsame allegations, he allows it in respect of the in-laws.