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Calcutta High CourtCRR/1586/2020disposed

Sanjay Kumar Jaiswal v. State Of West Bengal

2020-11-10Hon'Ble Justice Rajasekhar Mantha2 pages

10.11.2020 08.

SD.

CRR No. 1586 of 2020 Sanjay Kumar Jaiswal Vs.

The State of West Bengal Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Mr. S. Das .....For the petitioner.

Mr. Rana Mukherjee ...For the State.

Mr. Amit Pachal ...For the defacto complainant.

The revisionist challenges an order dated October 13, 2020 passed by the learned Chief Judicial Magistrate, Howrah in Shibpur Police Station Case No. 177 of 2020 under Section 498A/406/506/323/34 of the Indian Penal Code and under Section 3 & 4 of the Dowry Prohibition Act. The reasons set out in the order for cancellation of interim bail and issuance of warrant of arrest, by the Magistrate appear to be sound. The petitioner has not indeed appeared before the Investigating Authorities and the Magistrate showed leniency in granting interim bail originally. At no point of time had the petitioner appeared before the Magistrate which was a part of the conditions of interim bail. The petitioner has also not appeared before the

Investigating Authority as directed in the order granting interim bail. There are suspicions expressed by the Magistrate as to who has signed the application for modification of the bail conditions. Even on the date when the said application was taken up, the petitioner was not personally present before the Magistrate.

The state is represented through the learned Additional Public Prosecutor Mr. Rana Mukherjee.

This Court is of the view that the petitioner has no respect for the proceedings lodged against him or the Court below. The impugned order, therefore, calls for no interference. The revisional application stands dismissed.

This order shall not prevent the petitioner from making any prayer available to him under the provision of the Cr.P.C. in the Court below.

(Rajasekhar Mantha, J.)