SUMANA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal, correctness of the order of the Learned Single Judge dtd. 10/3/2022 passed in W.P.A. No. 4155 of 2022 (Shikha Mukherjee - versus- The State of West Bengal and Ors.) has been questioned by the appellant/respondent no.7 in the writ petition. This appeal is concerned with the order of the said learned Single Judge in a writ petition which challenged the proceedings initiated by the Salboni Police Station in respect of FIR No. 38 of 2022 dtd. 16/2/2022 under Ss. 417/313/506 of the Indian Penal Code.

(2.) The writ petitioner is the mother of a doctor who is stated to have entered into a relationship with the defacto complainant/appellant herein. The writ petitioner had moved the High Court under Article 226 to challenge unlawful denial of rights under Article 21 of the Constitution since her son could not apply for bail before the Sessions Court. On 22/2/2022, the day petitioner's son was arrested. The Single Judge on having considered the materials on record, took the view that the petitioner's remedy lied under Sec. 439 of Cr.P.C and/or Sec. 482 of Cr.P.C. and enlarged the accused for a period of 10 days to seek bail.

(3.) Learned Counsel appearing for the appellant/respondent no.7 in the writ petition submits that enlarging the accused on liberty for a period of 10 days in a premature stage of investigation where the allegations upon the accused person are under Ss. 417/376/313/506 of the Indian Penal Code will effect the outcome of the investigation.