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2008 DIGILAW 333 (CAL)

Sk Hafijul Rahaman v. STATE OF WEST BENGAL

2008-03-26

ASHIM KUMAR ROY

body2008
Judgment :- (1). IN the instant criminal revisional application the petitioner challenged an order of granting bail to him by the learned Sessions Judge In-Charge, Paschim midnapure in connection with Pingla Police Station Case No. 17/08 under section 498a/323/34 of the Indian Penal Code. The petitioner who was granted bail as aforesaid on February 27, 2008 without availing the liberty of bail challenged the said order on the limited point that the condition imposed by the learned Judge subject to which he was granted bail is absolutely illegal and not at all called for. (2). MR. Himangshu De, the learned Senior Counsel, appearing on behalf of the petitioner submitted before this Court that the petitioner was granted bail on the following conditions; (i) Before his release from jail on bail the victim housewife must be placed in her matrimonial home. (ii) After released she must not be tortured and must be maintained properly till disposal of the case and in the event it is found that the petitioner is not obeying those conditions his bail shall be cancelled. According to Mr. De none of these grounds can be imposed as a condition of bail and such condition has to be waived as the same is not in accordance with law. (3). MR. S. S. Roy, the learned Counsel appearing on behalf of the State in his usual fairness conceded to the submissions of Mr. De and further submitted that the learned Judge exceeded his jurisdiction by imposing such condition which are not in conformity with the law. (4). I have given my anxious consideration to the rival submissions of the parties. Perused the impugned order and other materials on record. In my opinion, a Court can always impose conditions while granting bail to an accused what a Court may deem fit and proper to ensure the presence of the accused persons during the trial i. e. the accused may not flee away from the due process of law and to further ensure during the period of bail he may not interfere with the course of justice by way of tampering with the evidence and otherwise. However, it is completely uncalled for that a court granting bail to impose such a condition as imposed in the present case i. e. (i) Before his release from jail on bail the victim housewife must be placed in her matrimonial home. However, it is completely uncalled for that a court granting bail to impose such a condition as imposed in the present case i. e. (i) Before his release from jail on bail the victim housewife must be placed in her matrimonial home. (ii) After released she must not be tortured and must be maintained properly till disposal of the case and in the event it is found that the petitioner is not obeying those conditions his bail shall be cancelled. (5). IN my opinion, imposition of those conditions is wholly illegal, erroneous and without any justification. Accordingly, the order of granting bail stands modified and it is directed the petitioner shall be released on bail on a bond of Rs. 100/-with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Paschim Midnapure as directed by the learned Sessions Judge, Paschim Midnapure that he shall meet the Investigating officer of the case as and when required and shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police Officer. The Criminal Section is directed to supply the certified copy of this order to the petitioner in course of this day.