TaxTMI 
TaxTMI 
2015 (6) TMI 1234
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....iation, insult, assault and abuse by filthy language taking the name of the caste by a group of people headed by the opposite party on January 4, 2014 followed by abuse and insult by the opposite party by taking the name of caste of the de facto complainant. The said written complaint was treated as Hastings Police Station Case No. 9 of 2014 dated 06.01.2014 under Sections 341/323 of the Indian Penal Code and Under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The police took up the investigation and charge-sheet was submitted on February 2, 2014. The opposite party was granted bail in the said criminal case by Learned Single Judge of this Court on February 27, 2014 in C.R.M. No. 3434 of 2014 on condition that the opposite party shall not enter into the jurisdiction of the concerned place of occurrence without permission of the trial court and he shall not influence the witnesses and shall not leave the jurisdiction of Calcutta. On February 19, 2015 the trial court fixed the date for further examination of the de facto complainant Ajay Lal Hela. It appears from the order dated February 19, 2015 passed by the trial court in the sa....
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....eadership to unknown miscreants outside the court room where the trial of the criminal case took place, the petitioner/State of West Bengal has prayed for cancellation of bail of the opposite party. 4. Mr. Ayan Bhattacharjee, Learned Counsel appearing on behalf of the petitioner/State of West Bengal contends that the opposite party has misused the liberty of bail and violated the condition of bail by threatening the Investigating Officer of the case with dire consequences and by giving leadership to some miscreants who assaulted the companions of the de facto complainant in order to put pressure on the de facto complaint not to depose against him. According to Mr. Bhattacharjee, the fair trial cannot take place if the opposite party is allowed to remain on bail even after violation of condition of bail by threatening the Investigating Officer and physically assaulting the companions of the de facto complainant outside the court room with the help of some miscreants. Mr. Bhattacharjee has relied on the decision of the Supreme Court in "State of Punjab V. Raninder Singh" reported in 2007 (3) ECrN 1257 and "Narendra K. Amin (Dr.) V. State of Gujarat" reported in (2009) 3 SCC (Cri) 81....
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.... of occurrence without permission of the trial court and he will not influence the witnesses and will not leave the jurisdiction of Calcutta. On scrutiny of the orders passed by the trial court on February 19, 2015 in SC and ST Case No. 1 of 2014 and the fact of registration of Hare Street Police Station Case No. 107 of 2015 dated 19.02.2015 under Sections 307/34 of the Indian Penal Code on the basis of written complaint of one Arvind Singh and registration of Hare Street Police Station Case No. 108 of 2015 dated 19.02.2015 under Sections 353/506/379/511 of the Indian Penal Code on the basis of written complaint of Biswanath Chaki, the Investigating Officer of the case under trial and filing of an application by the Investigating Officer before the trial court on 19.02.2015, I find that on 19.02.2015 some miscreants under the leadership of the opposite party had threatened the companions of the de facto complainant and the prosecution witnesses outside the court room with dire consequences if anyone would depose against him and also physically assaulted one Arvind Singh mercilessly with fists and blows. It also appears from the FIR of Hare Street Police Station Case No. 108 dated 1....
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....horised to appear and plead on behalf of the State without any written authority on the ground that the whole includes the part. On perusal of the provisions of Section 301 of the Code of Criminal Procedure, 1973, I find that the Public Prosecutor can appear and plead on behalf of the State without any written authority before any court in connection with any case which is under inquiry or trial or appeal. Since, Learned Public Prosecutor can appear and plead on behalf of the State in any case without any written authority, I am of the view that Learned Public Prosecutor can also file an application for cancellation of bail of a particular accused person in connection with a case without any written authority from the State. However, in the instant case, the State has given written authority to Mr. Bhattacharjee to file this application for cancellation of bail of the opposite party. Accordingly, the present application for cancellation of bail filed by the petitioner/State of West Bengal is maintainable in law. 8. The proposition of law laid down by the Supreme Court in "State of Punjab V. Raninder Singh" reported in 2007(3) ECrN 1257 is that the State can move the High Court for....
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....he High Court." 10. In "Narendra K. Amin (Dr.) (supra) irrelevant materials were taken into consideration by Learned Additional City and Sessions Judge in granting bail to the accused and as such the said bail was cancelled by the High Court. In the instant case, the bail was granted by Learned Single Judge of the High Court on imposition of some conditions and the petitioner/State has prayed for cancellation of the bail before the High Court for misuse of liberty and violation of condition of bail by the accused person. So, the ratio of the decision of Narendra K. Amin (Dr.) (supra) will not be applicable in the facts of the present case. 11. In "Abdul Basit V. Md. Abdul Kadir Chaudhary" reported in (2014) 10 SCC 754 the High Court granted bail to the accused person during further investigation of the case on wrong appreciation of the facts that the earlier charge-sheet submitted by the police had become infructuous and the accused was entitled to bail under Section 167(2) proviso a(i) of the Code of Criminal Procedure. Subsequently, the High Court cancelled the unjustified and illegal order of bail without any misuse of liberty of the said bail by the accused person and without....
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....bserved that (SCC p. 806, para 19). "19....There is also a distinction between the concept of setting aside an unjustified, illegal or perverse order and cancellation of an order of bail on the ground that the accused has misconducted himself or certain supervening circumstances warrant such cancellation. If the order granting bail is a perverse one or passed on irrelevant materials, it can be annulled by the superior court." 12. In view of the above proposition of law laid down by the Apex Court, the order of illegal, unjustified, perverse order of bail can be cancelled only by the superior court and not by the same court which granted the order of bail. However, the order of granting bail can be cancelled by the same court if the accused has misconducted himself or certain supervening circumstances warrant such cancellation. In the case at hand, the accused misconducted himself by misusing the liberty and by violating the condition of the bail and as such the High Court can invoke the power under Section 439(2) of the Code of Criminal Procedure for cancellation of the said bail. 13. In "Shiv Mohan Kapoor V. U.P." reported in (2012) 11 SCC 632 the bail was granted to the accus....