Calcutta High Court (Appellete Side)
Sanjay Rajbanshi @ Hidda vs The State Of West Bengal on 19 October, 2022
19.10.2022
Ct.35
AKG/S. Banerjee
CRR 3910 of 2022
Sanjay Rajbanshi @ Hidda
Vs.
The State of West Bengal
In Re : An application under Section 401 read with Section 482 of
the Code of Criminal Procedure, 1973.
Mr. Sudip Ghosh Chowdhury,
Mr. Arghya Das,
Mr. Avijit Majumder
...for the Petitioner
Mr. Rudradipta Nandy,
Mr. Mirza Firoj Ahmed Begg
...for the State
The revisional application has been preferred praying for
quashing of the proceeding in N.G.R. (Ex) 136/2022 under Section
110 of the Code of Criminal Procedure pending before the learned
Special Executive Magistrate, Chandannagore Division,
Chandannagore Police Commissionerate by the order dated
15.09.2022. The learned Special Executive Magistrate passed an
order directing the opposite party to submit a show-cause as to why
he should not be ordered to submit good behavoiur bond of Rs.
25,000/- each with four sureties such as (1) one Bank employee from
nationalized bank, (2) one Government employee, (3) one respected
person, (4) School Teacher from the locality for a period of three years
for the satisfaction of the Court as per proviso of Section 111 Cr.P.C.
The order is interlocutory in nature.
The reason given by the learned Special Executive Magistrate is
that the opposite party is rowdy and dangerous in nature and in a
habit of committing serious offences. The learned Magistrate has also
noted the six specific police cases pending against him. All the six
cases are pending trial.
The learned lawyer appearing for the petitioner has relied upon
a decision of the Co-ordinate Bench of this Court dated 01.08.2022
passed in CRR 3465/2019 (Rajesh Prasad Tanti -Vs.- State of West
Bengal) drawing the attention of this Court to page 16 of the said
judgment wherein the Court has laid down the guidelines for an
Executive Magistrate to follow while exercising their jurisdiction under
Section 111 of the Code of Criminal Procedure.
It is seen that the conditions for furnishing the bond and the
nature of the sureties in this case is against the said guidelines laid
down by the Court. The nature of sureties has been laid down in such
a manner that it will not be possible for the petitioner to avail of the
said liberty.
The submission of the learned lawyer appearing for the State is
taken into consideration that the petitioner is a habitual offender and
commits serious offences.
Considering the fact that there are specific cases in which the
petitioner is an accused and the proceedings in those cases are
continuing, it can only be presumed that the intention of the learned
Special Executive Magistrate was to ensure that the petitioner should
not be set at liberty. In other specific criminal cases pending against
the petitioner, the petitioner in due course has to appear before the
concerned Courts and appear during trial, in default, the said Courts
are at liberty to proceed in accordance with law. The condition of
sureties as laid down by the learned Special Executive Magistrate is
clearly in violation of principles of natural justice.
Learned lawyer appearing on behalf of the State has brought to
the notice of this Court, another judgment passed by this Court on
17.05. 2022 in CRR 1609/2022 and has submitted that an order in
those lines can be considered by this Court.
Considering the nature of offence alleged, as seen from those
specific cases as noted by the learned Executive Magistrate in his
order-sheet, the submissions of the learned advocates of both sides
and on perusal of the material on record and the offences as above,
the order dated 15.09.2022 passed by the learned Special Executive
Magistrate, Chandannagore Division, Chandannagore Police
Commissionerate in N.G.R. 136/2022 is hereby modified to the
following extent.
The petitioner shall be produced before the learned Special
Executive Magistrate by 21.10.2022 and he shall submit a good
behaviour bond of Rs. 20,000/- with two sureties, one of whom must
be local for a period not exceeding three years.
The revisional application being CRR 3910 of 2022 is disposed
of.
Urgent certified copy of this order, if applied for, be given to the
parties upon compliance of all requisite formalities.
Parties are to act on a server copy of this order duly downloaded
from the official website of this Court.
(Shampa Dutt (Paul), J.)
