ASHOK KUMAR KABRA Vs. KAMALA DEVI SHAW

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the complainant Ashok Kumar Kabra, challenging the order dated 16-3-95, passed by the learned District and Sessions Judge, Howarh in Criminal Misc. Case No. 97 of 1995 allowing the application for anticipatory bail of the opposite party No. 1 Smt. Kamala Devi Shaw and the opposite party No. 2 Smt. Kanika Devi Shaw with conditions mentioned in the order, in connection with Shibpur P. S. Case No. 273 of 1994, under Sections 409/420/120B of the I.P.C. was finally heard by his Lordships the Hon'ble Mr. Justice M. K. Bhattacharyya, by his judgement and order dated 28-6-95 had been pleased to set aside the impugned order passed by the learned Sessions Judge with certain directions contained in the order. The opposite parties Kamala Devi Shaw and Kanika Devi Shaw thereafter filed a petition for Special Leave Petition being S. L. P. (Crl) No. 2657 of 1995, in the Hon'ble Supreme Court of India and the Hon'ble Supreme Court by order dated August 14, 1995, had been pleased to grant leave and dispose of the appeal and set aside the impugned order passed by His Lordship the Hon'ble Mr. Justice M. K. Bhattacharyya and direct that the application for cancellation of the anticipatory bail be considered afresh and disposed of on its merits without being influenced by any observation in the impugned order with further direction that the application should be decided by a different Bench. Consequent to the said order of the Hon'ble Supreme Court, the Hon'ble Chief Justice of this Hon'ble Court by order dated 1-9-95 has been pleased to assign the matter for hearing before this Court and accordingly the matter is heard by this Court.

(2.) Heard the learned counsel for the respective parties. Perused the records.

(3.) It appears from records that the opposite party No. 1 Kamala Devi Shaw and the opposite party No. 2 Kanika Devi Shaw filed two separate applications for anticipatory bail under Section 438 of the Code of Criminal Procedure before a Division Bench of this Court in connection with the same case and both the two applications were rejected being treated as "Not pressed and hence rejected" by a single judgement and order dated 27th September, 1994 in Criminal Misc. Case No. 6222 of 1994.