Monika Parvin @ Swapna vs The State Of West Bengal And ...
2023 Latest Caselaw 5016 Cal

 D/L30                                 C.R.R.2930 of 2023
14.08.2023

Bpg.

In Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973;

Monika Parvin @ Swapna Versus The State of West Bengal and another

Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Ms. Rajashree Tah Ms. Aishwarya Datta.

...for the petitioner.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Petitioner is directed to serve a copy of the revisional

application upon Mr. Anwar Hossain, learned advocate, who

ordinarily appears on behalf of the State. His appointment may be

regularised by the concerned authorities.

Learned advocate appearing for the petitioner is

aggrieved by the fact that the learned Sessions Judge by his order

dated 21.06.2023 concurred with the contentions advanced on

behalf of the victim/petitioner regarding the merits of the case and

after relying on the judgment of Hon'ble Supreme Court surprisingly

refused to cancel the bail of the accused.

Learned advocate submits that the learned Magistrate

without perusal of any document granted interim bail and the

learned Sessions Judge even after concurring with the views of the

complainant refused to interfere with the order of bail granted by

the learned Magistrate on 24thh February, 2023.

I have considered the orders passed by the learned

Magistrate as well as that of the learned Sessions Judge. Learned

Sessions Judge while refusing to interfere with the order of bail

relied upon the judgment of the Hon'ble Supreme Court in

Satender Kumar Antil Vs. CBI & Anr. reported in (2022) 10 SCC

51 wherein guidelines have been set out.

It has been submitted that the interim bail has been

extended by the learned Magistrate on 22nd June, 2023.

Having regard to such submission being made, I direct

the learned trial court to consider the injury report which has been

collected by the Investigating Agency and relied upon in the charge-

sheet, the materials which were collected by the Investigating

Agency in course of the investigation, the antecedents of the present

accused and the supervening circumstances so appearing after the

accused was granted bail. Learned Magistrate in seisin of the matter

will freshly consider the issues relating to bail of the accused on the

next date so fixed taking into account the parameters set out above.

With the aforesaid observations, CRR 2930 of 2023 is

disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance of all requisite

formalities.

(Tirthankar Ghosh, J.)