SRI JOYDEB DEBNATH Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-4-312
HIGH COURT OF CALCUTTA
Decided on April 09,2019

Sri Joydeb Debnath Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Subhasis Dasgupta, J. - (1.) This is pursuant to the direction given on 08.04.19 fixing the matter for hearing in connection with a CRAN application 935 of 2019 seeking clarification of the order dated 8.02.19 passed in CRR No. 307 of 2019.
(2.) The opposite party wanted an opportunity of hearing, and upon consideration of which, this Court directed petitioner to serve copy of application including the revisional application upon the opposite parities. Admittedly by order dated 8.02.2019 in connection with CRR No.307 of 2019, the impugned order of the learned Sessions Judge, Alipore, 24 Parganas (South) dated 18.01.2019 making cancellation the order of bail was stayed for period of four (4) weeks subject to the condition that revisionist shall surrender before the learned ACJM, Baruipur, in connection with the Sonarpur Police Station Case No. 492 dated 31.03.2018 under Sections 498A/427 of the Indian Penal Code within the period of time as stipulated hereinabove. Pursuant to such direction, the revisionist/husband surrendered and was favoured with interim bail by the Court below.
(3.) Learned Sessions Judge Alipore, 24 Parganas (South) cancelled the bail on 18th January, 2019. Admittedly in this case the petitioner/revisionist was granted anticipatory bail. There was an observation of the learned Sessions Judge, while granting anticipatory bail that "if the petitioner/accused is enlarged on regular bail, the regular bail may be cancelled if the petitioner/accused fails to meet the reasonable demand made by the informent to come to a settlement for dissolution of marriage on mutual consent". The contention raised by the learned advocate for opposite party is that petitioner already failed to comply with the condition by meeting the reasonable demand made by the de facto complainant/wife to come to a settlement for dissolution of marriage on mutual consent.;


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