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High Court Of Calcutta
Arun Kumar Dutta, Satya Narayan Chakrabarty
GAYARAM MONDAL - Appellant
Versus
STATE - Respondent
CRI. MISC. 7089 Of 1994
Decided On : 01/13/1995
BAIL CANCELLATION - SECTION 439 (2) OF THE CODE OF CRIMINAL PROCEDURE - THREATENING AND ABUSING LIBERTY OF BAIL - GRANTING BAIL AT EARLY STAGE OF INVESTIGATION - OPPOSITION BY PROSECUTION - CONSIDERATION OF CASE DIARY - JUDICIAL DISCRETION - CANCELLATION OF BAIL.
Fact of the Case:
The petitioner, an informant in a case involving serious allegations, filed an application under Section 439 (2) of the Code of Criminal Procedure to cancel the bail granted to the accused, Bejoy Mondal, by the Sessions Judge. The accused was allegedly involved in a violent incident resulting in the death of one person and grievous injuries to another. The petitioner alleged that the accused had been threatening him and his family members after being released on bail.
Finding of the Court:
The court found that the accused had abused the liberty of bail granted to him by threatening the petitioner and his family members. The court also noted that the Sessions Judge had granted bail to the accused at a very early stage of the investigation, without calling for and perusing the case diary. Additionally, the court observed that the prosecution and the investigating agency did not seriously oppose the bail application, despite the grave allegations against the accused.
Issues: 1. Whether the accused had abused the liberty of bail granted to him by threatening the petitioner and his family members? 2. Whether the Sessions Judge had erred in granting bail to the accused at an early stage of the investigation, without calling for and perusing the case diary? 3. Whether the prosecution and the investigating agency had properly opposed the bail application, considering the serious allegations against the accused?
Ratio Decidendi: The court held that the accused had abused the liberty of bail granted to him by threatening the petitioner and his family members. The court also found that the Sessions Judge had erred in granting bail to the accused at an early stage of the investigation, without calling for and perusing the case diary. Additionally, the court observed that the prosecution and the investigating agency did not seriously oppose the bail application, despite the grave allegations against the accused.
Final Decision: The court allowed the petitioner's application and cancelled the bail granted to the accused. The accused was directed to surrender before the Sub-Divisional Judicial Magistrate within one week, failing which a warrant of arrest would be issued.
( 1 ) BY this Application under section 439 (2) of the Code of Criminal procedure the petitioner-Informant has prayed the Court for cancellation of bail granted to the Opposite-party No. 2-accused, Bejoy Mondal, by the learned Sessions Judge of 24-Parganas (South) at Alipore by his order dated 19th September, 1994 in Criminal Misc. Case No. 5143 of 1994 before him in connection with Bhangore P. S. Case No. 197 (9) of 1994 under Sections 147/148/149/325/326/307/304, I. P. C. , on the grounds made out therein.
( 2 ) WE had already heard the submissions of the learned Advocates for the petitioner and the Opposite-party No. 1-State of West Bengal. The Opposite-party No. 2-accused Bejoy Mondal did not appear before the Court during the hearing despite due service by Registered post on personal acknowledgement on 21st November, 1994, as appearing from the Affidavit-of-Service filed by the petitioner.
( 3 ) UPON hearing the submissions of the learned Advocates for the petitioner and the Opposite-party No. 1-State of West Bengal and perusal of the materials on record, it appears that on 8th September, 1994 at about 7. 30 P. M. the accused Lakhan Mondal, Ranjan Mondal, Ramal Moadal, Pulin Mondal, Phatik Mondal, Hemanta Mondal, Chimanta Mondal had allegedly picked up quarrel with the petitioner and his other family members, and being aided and abetted by each other, armed with lathis and Da, had attacked the petitioner, his brothers and uncle, as alleged in the F. I. R. The accused Chimanta Mondal had attacked the petitioner's brother Kashinath Mondal on his head by a "da", he was carrying on his hand, as a result of which the victim had sustained serious and grave head injuries. When the petitioner, his brothers and uncle went to Kashinath's rescue, the other accused persons, aided and abetted by each other, more particularly, the accused Ranjan Mondal and Pulin Mondal, had assaulted the petitioner's uncle and broke his hand and caused serious injuries to him. The entire assault took place at the behest of and under the direct leadership and instigation of the accused Opposite party No 2-Bejoy Mondal. The injured Kashinath Mondal had to be removed to the Hospital where he had subsequently succumbed to his injuries. On the basis of the F. I. R. lodged by the Informant on such allegations, the police had started the relevant Bhangore P. S. Case No. 197 (9) dated 9. 9. 94, and had arrested the accused Bejoy Mondal, along with four others, from the village on the same day, who were produced before the Sub-Divisional Magistrate concerned on 10th September, 1994.
( 4 ) THE Application for Bail on behalf of Bejoy Mondal and others had been rejected by the learned Sub-Divisional Judicial Magistrate at Alipore on 17th September, 1994 whereupon the accused Bejoy Mondal had moved an application before the learned Sessions Judge at Alipore for bail under Section 439 of the Criminal Procedure Code contending therein that he is falsely implicated in the case and is an innocent person and had no complicity with the alleged incident. The learned Sessions Judge had granted interim bail to the Opposite-Party No. 2-accused Bejoy Mondal by his order dated 19th September, 1994 in the relevant Criminal Misc. Case No. 4143 of 1994 till 24th November, 1994 for the reasons recorded therein.
( 5 ) AS soon as the accused Bejoy Mondal had come out of the Jail he started threatening the petitioner and other family members openly and in broad daylight threatening them that they would meet the same fate as that of Kashinath Mondal. On 20th September, 1994 about 485 villagers had submitted a mass petition to the Officer-in-Charge, Bhangore Police Station, complaining about the illegal, criminal, and anti-social activities of the accused Bejoy Mondal. The accused Bejoy Mondal having threatened the petitioner that he would take his life, the latter had lodged a General Diary against the former before the Bhangore Police Station on 23rd September, 1
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