RIMA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure. The case was instituted by the de facto complainant under Section 498A/406/34 IPC and 3 & 4 of the Dowry Prohibition Act, being BGR Case No. 256/2011 now pending before the Learned Additional Chief Judicial Magistrate, Alipore. It is the contention of the petitioner/de facto complainant that an application under Section 438 of the Code of Criminal Procedure was filed by the OP No. 2 herein along with his mother before the Learned Sessions Judge, Alipore which was registered as Criminal Misc Case No. 766/2011. The said Misc Case was fixed for hearing on 11.02.2011. The said application was rejected being not pressed by the Learned Advocate of the Opposite Party No. 2 and his mother.

(2.) BY suppressing the fact of rejection of the said application, the Opposite Party No. 2 and his mother filed another application under Section 438 of the Code of Criminal Procedure bearing Criminal Misc Case No. 1217/2011 and the same was also rejected being not pressed on 14.03.2011. BY suppressing that fact, the Opposite Party No. 2 herein filed another application under Section 438 of the Code of Criminal Procedure bearing Criminal Misc Case No. 2611/2011 and the same was also rejected being not pressed. BY suppressing the fact of rejection of the three applications under Section 438 of the Code of Criminal Procedure, the Opposite Party No. 2 filed a put up petition with an application for bail by surrendering in the Court of the Learned Additional Chief Judicial Magistrate, Alipore on 26.04.2011.

(3.) IT is contended that because of the suppression of material facts regarding the earlier rejection of the prayers for anticipatory bail being not pressed, the interim bail granted by the Learned Additional Chief Judicial Magistrate should be cancelled. IT is further contended that the record was put up on petition filed by the accused /OP No. 2 herein and the Learned Court below without hearing the Learned APP was pleased to grant interim bail. The Learned Counsel has referred to and cited the decisions reported in 2010(2) E.Cr.N. (CAL)118 [Pamela Sarkar vs. State of West Bengal & Anr.];(2008)2 C.Cr.LR (Cal) 97 {Smt. Nabanita Das Nee Maity vs. The State of West Bengal & Anr.];1995 CRI L. J. 3274 [Shri T. K. Dutta, vs. Pawan Kumar Didwani and Anr.]