Matter Extraordinary In Nature Requires Extraordinary Measures- Calcutta HC While Cancelling Bail Granted In Matrimonial Dispute

The Calcutta High Court exercised its writ jurisdiction under Article 226 of the Constitution of India, to cancel the bail granted to the accused in-laws and said that the matter was extraordinary in nature as continuous torturous treatment was meted out to the petitioner and therefore, extraordinary measures were required.

The Bench of Justice Rajasekhar Mantha observed that 11 FIRs were filed against the accused and that they had been guilty of continuous torturous treatment meted out to the petitioner.

“This Court is of the view that the matter is indeed extraordinary in nature and calls for extraordinary measures. The petitioner is clearly a victim of continuous torture and oppression. The charges under Sections 376 and 354 of the Indian Penal Code have been prima facie established in the investigations by the police.” observed the Court.

Advocate Rwitendra Banerjee appeared for the petitioner after the petitioner had approached the State Legal Services Authority (SLSA) for legal aid.

In this case, 11 FIRs for offences under Sections 341, 448, 354, 506 and 34 of the Indian Penal Code, were filed by the petitioner against the accused in-laws.

The Court expressed its displeasure over the failure of the police to oppose the bail application moved in connection with the latest FIR and said that “It is baffling to note as to why Kandi Police Station has not opposed the bail to the accused persons before the Additional Chief Judicial Magistrate concerned and why the ten charge-sheets already filed against the said accused persons were not placed before the Additional Chief Judicial Magistrate concerned."

Further, the Court observed that the case represented a sad state of affairs and said that “Such persons cannot be allowed to enjoy any liberty as they continue to be a threat to the petitioner. Such persons do not have any respect for the law.”

Therefore, the Court cancelled the bail granted and directed the police to take five persons accused in the custody.

Accordingly, the matter was listed for further hearing on February 28, 2023.

Cause Title- Kasmira Bibi v. The State of West Bengal & Ors.

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