Calcutta High CourtCRM (DB)/2990/2024disposed

Hasiba Khatun v. The State Of West Bengal And ANR

2026-04-06Hon'Ble Justice Tirthankar Ghosh3 pages

06.04.2026 Court No.35.

D/L. 96 Rakib CRM (DB) 2990 of 2024 With CRAN 1 of 2025 In Re: An Application for cancellation of bail under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439(2) of the Code of Criminal Procedure, 1973). And In the matter of : Hasiba Khatun ......Petitioner.

Mr. Biswajit Tiwari ......for the Petitioner.

Ms. Z. N. Khan Mr. Sourat Nandy.

..... for the State.

Mr. Mrityunjoy Chatterjee Mrs. Suchismita Chakraborty Mr. Debarnab Adhikary ......for the respondent no.2.

In Re: CRAN 1 of 2025 Petitioner has prayed for restoration of the application for cancellation of bail. To that effect the order dated 14.01.2025 has been brought to the notice of this Court.

Petitioner submits that learned advocate for the petitioner was suffering from fever and was unable to organize any lawyer for taking adjournment, as such the application was dismissed. Having considered the reasons so assigned in the application, I am of the opinion that the same are just and reasonable. Accordingly, the order dated 14.01.2025 is recalled and the application is restored to its original file and number. As such, CRAN 1 of 2025 is allowed.

In Re: CRM (DB) 2990 of 2024 Petitioner has prayed for cancellation of the order of bail dated 15.07.2024 passed by the learned Additional Sessions Judge, Chanchal, Malda. Learned Sessions Judge while granting the bail took into account that the dispute arose between the family members and the genesis of the dispute relate to cultivation of land. Having regard to the fact that the bail was granted on 15.07.2024 and since then one year nine months have passed and subsequently another information was furnished which resulted in Ratua Police Station case no. 441 of 2024, I am of the opinion that the conduct of the accused persons are not very inspiring to enjoy their liberty.

However, a last opportunity is granted to the accused persons, in case, there are further accusations of tampering with the witnesses and/or interfering with the liberty of the complainant, learned trial Court would be at liberty to cancel their bail on a proper application being filed and after issuing notice to the accused persons.

At this stage, I am not inclined to interfere with the order of bail granted on 15.07.2024.

With the aforesaid observations CRM (DB) 2990 of 2024 is disposed of.

All parties shall act in terms of server copy of the order 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 with all requisite formalities. (Tirthankar Ghosh, J.)