The judgment establishes the jurisdiction of High Courts to recall their own orders and the consequences of misusing bail, emphasizing the importance of post bail conduct in bail cancellation decisions.

JUDGMENT

Bibek Chaudhuri, J. - This is an application for recalling of the order dated 11th January, 2021 passed by this Court in CRM No.8638 of 2019 thereby cancelling interim bail granted to the petitioner by the learned Chief Judge, City Sessions Court in Criminal Misc Case No.347 of 2019 arising out of GR Case No.1712 of 2018 and Shakespeare Sarani P.S Case No.311 dated 9th December, 2018 under Sections 420/406/120B of the Indian Penal Code vide order dated 5th July, 2019.

2. Before dealing with the contention raised by the petitioner in the instant application it is necessary to refer the following facts:-

3. Shakespeare Sarani P.S Case No.190 of 2018 dated 16th July, 2018 under Section 420/406/409/120B of the Indian Penal Code was registered against the petitioner on allegation that the petitioner in association with other persons started a business of providing job and higher educational facilities in Canada and other foreign countries for the students and job seekers. In this way the petitioner and her associates took huge amount of money from different persons, but they failed to provide them with any kind of job or higher education facility in foreign countries. Thereby they cheated the innocent students and job seekers and committed criminal breach of trust and misappropriated the money of the said candidates in connivance and conspiracy with each other.

4. When the candidates came to know about the arrest of the petitioner in connection with Shakespear Sarani P.S Case No.190 of 2018, they submitted series of complaints to the Officer-in-Charge of Shakespeare Sarani P.S who again registered P.S Case No.311 under Section 420/406/120B IPC dated 9th December, 2018 on the basis of suo moto complaint. On 30th January, 2019 the applicant was arrested. She was however released on interim bail by the learned Chief Metropolitan Magistrate, Kolkata vide order dated 16th February, 2019. On 11th April, 2019 the applicant threatened petitioner No.1 of CRM No.8638 of 2019 outside the court room of the learned Chief Metropolitan Magistrate, Kolkata with dire consequence. Petitioner No.1 lodged FIR before the Hare Street P.S immediately after the occurrence, on the basis of which Hare Street P.S Case No.115 was registered against the petitioner under Sections 195A/506/114 of the Indian Penal Code. An application under Section 437(5) of the Code of Criminal Procedure was filed against the petitioner before the learned Chief Metropolitan Magistrate and by an order dated 17th June, 2019 the learned Chief Metropolitan Magistrate cancelled the interim bail granted to the petitioner. The applicant filed an application under Section 439 of the Code before the learned Chief Judge, City Sessions Court praying for bail and vide order dated 5th July, 2019 the learned Chief Judge, City Sessions Court granted interim bail to the accused/petitioner. The opposite parties No.2 and 3 prayed for cancellation of bail of the petitioner by filing CRM No.8638 of 2019 on 16th September, 2019. This Court vide order dated 11th January, 2021 allowed CRM No.8638 of 2019 and the bail of the petitioner was cancelled.

5. The present application was filed by the accused/petitioner on 2nd March, 2021 praying for recalling of the order dated 11th January, 2021 passed by this Court.

6. In her application the petitioner contends that an order of grant of bail can be assailed on the ground of improper exercise of discretion as well as for post bail conduct. The order of bail can be cancelled under Section 439(2) of the Code only on post bail conduct. In case, the order of grant of bail is assailed, the same cannot be adjudicated upon under Section 439(2) of the Code in as much as post bail conduct assumes no relevance in such case. Therefore improper exercise of discretion can be assailed only by filing an application under Section 482 of the Code of Criminal Procedure before a higher forum and the same cannot be assailed under Section 439(2) of the Code. In the insta