Madhumati Mitra, J. - (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure 1973 filed by the petitioners challenging the order no.11, dated 30.11.2018 passed by the Learned Sessions Judge, South 24 Parganas at Alipore in Criminal Miscellaneous Case No.3607 of 2018 arising out of Bhowanipore Police Station Case No.128, dated 31.03.2018 corresponding to G.R.Case No.1352 of 2018 pending before the Learned Chief Judicial Magistrate, Alipore. By the impugned order Learned Sessions Judge cancelled the bail granted to the petitioners and directed the Learned Chief Judicial Magistrate, Alipore to issue non-bailable warrant of arrest against the petitioners.
(2.) In order to appreciate the stand taken by the parties, it is necessary to take note of the factual position. On 30.05.2018, the petitioners were granted interim bail of Rs.2,000/- with two sureties of Rs.1,000/- each with two registered sureties of like amount on condition to return all the stridhan properties to the de facto complainant within 15 days from the date of the order of the Learned Chief Judicial Magistrate, Alipore. On 14.06.2018, the petitioners prayed for relaxation of the conditions of bail.
(3.) In the meantime, the de facto complainant filed an application under Section 439(2) of the Code of Criminal Procedure before the Learned Sessions Judge, South 24 Parganas, at Alipore by preferring criminal Misc.Case No.3607 of 2018 praying for cancellation of interim bail granted to the petitioners by the Learned Magistrate on the ground that the petitioners did not comply with the condition of the order of interim bail.;