Calcutta High Court invokes writ jurisdiction to cancel bail granted to in-laws for alleged torture of woman

Taking note of the extraordinary circumstances at hand and the continuous torturous treatment allegedly meted out to a woman by her in-laws, the Calcutta High Court recently exercised its writ jurisdiction to cancel the bail granted to the accused in-laws. [Kasmira Bibi v. The State of West Bengal & Ors.].Justice Rajasekhar Mantha observed that there were as many as 11 First Information Reports (FIRs) already filed against the accused, with chargesheets being filed in 10 of them. This being the case, the judge expressed shock over the failure of the police to oppose the bail application moved in connection with the latest FIR.“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,” the Court said..The Court further observed that all the FIRs involved serious charges against the accused, including rape, hurt, outraging the modesty of woman, cruelty to woman and criminal intimidation.As such, the Court proceeded to invoke its writ jurisdiction under Article 226 of the Constitution to cancel the bail granted to the accused.“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,” the order stated..Justice Mantha observed that the case represented a sad state of affairs, and that the accused could not be allowed to enjoy any liberty since they continue to pose a threat to the petitioner.“Such persons do not have any respect for the law. Bail granted to them by the Additional Chief Judicial Magistrate concerned on 6th February, 2023 is hereby cancelled by this Court in exercise of power conferred under Article 226 of the Constitution of India,” the Court ordered..The Kandi Police Station was directed to take the five persons accused into custody. Further, the Court also ordered police personnel to be posted outside the woman’s residence so that she may live there in peace, without threat or intimidation from anyone..The matter was posted for further hearing on February 28, by which date the police are expected to file a report..The petitioner-woman was represented by Advocate Rwitendra Banerjee, after she approached the State Legal Services Authority (SLSA) for legal aid. The police authorities were not represented before the Court when the matter was taken up last week..[Read Order]