- (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.;