District South 24 Parganas

In the High Court at Calcutta

Criminal Miscellaneous Jurisdiction

C. A. N.

of 2013

In the matter of :
C.R.M. No.

of 2013

- And In the matter of:

Sandhya Mondal
Petitioner
-

Versus

The State of West Bengal and

Others
Opposite Parties
And
In the matter of :
An application for Restoration;
- And
Sandhya Mondal

Wife of Sri Sanjib Mondal, residing

at

Village

Begumpur,

Police

Station -Baruipur, District- South

24 Parganas;
Applicant
-Versus 1.

The State of West Bengal;

2.

Sri Rabin Hazra, Son of Ajit

Hazra;
3.
Sri Anil Hazra, Son of Late
Nagendra Nath Hazra,
No. 2 and 3 are both residing at
Village - Begumpur, Police Station Baruipur,

District

South

24

Parganas;
Respondents

To,
The Honble Arun Mishra, Chief Justice and His Honble Companion
Justices of the said Honble Court

The humble petition of the petitioner named

above and most respectfully

Sheweth
1.

Your

Petitioner

most

Applicant/Petitioner

on

respectfully
February

2,

states
2013

that

had lodged

the
a

complaint at Baruipur Police Station against Respondent No.s 2

and 3 under Section 376 (2) which has been registered as
Baruipur Police Station Case No. 115 of 2013.

2.

Your Petitioner most respectfully states that on 03.02.2013 the

Opposite Parties No. 2 and 3 were arrested by the Baruipur Police
authority and on 04.02.2013 both of them were produced before
the Court of Learned Additional Chief Judicial Magistrate at
Baruipur and the said Learned Court was pleased to remand the
Opposite Party No. 2 and 3 to jail custody. It is pertinent to
mention in this regard that the application for bail as filed by the
Opposite Party No. 2 and 3 was rejected by the said Learned
Court on 04.02.2013.

3.

Your Petitioner most respectfully states that on the same day, the
that is on 04.02.2013 the Opposite Parties No. 2 and 3 moved the

Learned Sessions Judge at Alipore with a bail application under

section 439 of the Code of Criminal Procedure in connection with
Baruipur Police Station Case No. 115 of 2013 dated 02.02.2013,
which was registered as Criminal Miscellaneous Case No. 1364 of
2013 wherein Learned Sessions Judge at Alipore, notified the
Learned Public Prosecutor and called for Case Diary of the
proceedings arising out of Baruipur Police Station Case No. 115
of 2013 dated 02.02.2013 and fixed 18.02.2013 as the next date
of hearing.

4.

Your Petitioner most respectfully states that on 18.02.2013 when

the Criminal Miscellaneous Case No. 1364 of 2013 was taken up
for hearing, no one appeared on behalf of the Opposite Parties No.
2 and 3 herein to move the said application for bail and as a
result the said application for bail being Criminal Miscellaneous
Case No. 1364 of 2013 was rejected by the Learned Sessions
Judge at Alipore.

5.

Your Petitioner most respectfully states that, later it was revealed

that, surprisingly, and significantly, on 05.02.2013, the Opposite
Parties No. 2 and 3, had yet again filed another application before
the same Learned Sessions Judge at Alipore, under section 439 of
the Code of Criminal Procedure praying for bail in connection

with the same proceeding that is Baruipur Police Station Case

No. 115 of 2013 dated 02.02.2013 and the same was registered as
Criminal Miscellaneous Case No. 1425 of 2013. It is pertinent to
mention in this regard that, upon suppressing the filing of
previous application under Section 439 of the Code of Criminal
Procedure being Criminal Miscellaneous Case No. 1364 of 2013,
it was specifically affirmed by the Opposite Party No. 2 and 3 in
the

said

subsequent

bail

application

being

Criminal

Miscellaneous Case No. 1425 of 2013 that no previous application

for bail in connection with the same proceeding was pending.

6.

Your Petitioner most respectfully states that vide order dated

05.02.2013,

the

Learned

Sessions

Judge

at

Alipore

fixed

12.02.2013 as next date of hearing and called for the Case Diary
of the proceedings arising out of Baruipur Police Station Case No.
115 of 2013 dated 02.02.2013. On 12.02.2013, the Learned
Sessions Judge at Alipore was pleased to grant bail to the
Opposite Parties No. 2 and 3 in Criminal Miscellaneous Case No.
1425 of 2013.

7.

Your Petitioner most respectfully states that being aggrieved by

and dissatisfied with such Order dated 12.02.2013 passed by the

Learned Sessions Judge at Alipore in Criminal Miscellaneous

Case No. 1425 of 2013, the applicant filed this present
application

for

cancellation

of

bail

of

Opposite

Parties/Respondents no. 2 and 3 before this Honble Court being

C.R.M. No.

of 2013 (hereinafter referred to as the said

application).

8.

Your Petitioner most respectfully states that on 2013 the said

application for cancellation of bail came up for hearing before the
Division Bench of this Honble Court whereby upon admitting the
application the Division Bench of this Honble Court comprising
Honble Justice Jayanta Kumar Biswas and Honble Justice Subal
Baidya were pleased to direct Your Petitioner to serve a copy of
the said application to the Opposite Party No. 2 and 3.

9.

Your Petitioner most respectfully states that accordingly Your

Petitioner duly served the copy of the said application to the
Opposite Party No. 2 and 3 by speed post with Acknowledgement
Due.

10.

Your Petitioner most respectfully states that whenever the instant

matter was called up by the Honble Division Bench, on every
occasion Your Petitioner was duly present and as the Opposite

Party No. 2 and 3 did not appear, on . The Honble Division

Bench directed Your Petitioner to serve another notice to the
Opposite Parties/Respondents No. 2 and 3. Accordingly on .
Your Petitioner send a notice to the Opposite Party No. 2 and 3
informing them to present on next occasion of hearing of the
instant application.

11.

Your Petitioner most respectfully states that on June 2013, the

instant case was taken up for hearing by the Division Bench
comprising Honble Justice Jayanta Kumar Biswas and Honble
Justice Subal Baidya, however unfortunately, the Learned Lawyer
representing the Petitioner, Mr. Shuvanil Chakraborty, was not
able to remain present before the said Honble Court since he was
engaged

in

another

Court

Room

in

another

matter

and

consequentially since there was no other representation on behalf

of the Petitioner for this instant case on that time of hearing of
the aforesaid Application for Cancellation of Bail.

12.

Your Petitioner most respectfully states that it was later known to

the Petitioner that the Honble Division Bench was pleased to
dismiss the said Application for Cancellation of Bail for default
since there was no representation on behalf of the Petitioner on
the said day that is on .2013.

13.

Your Petitioner most respectfully states that until and unless the
Order dated . June, 2013 is recalled and the Application for
Cancellation of Bail being C. R. M. No.

of 2013 is restored,

the Petitioner shall suffer irreparable loss and injury.

14.

Your Petitioner most respectfully states that unless orders as

prayed for are passed Your Petitioner will suffer irreparable loss,
prejudice and injury.

15.

Your Petitioner most respectfully states that Your Petitioner

respectfully submits that this application is made bona fide and
for the end of justice.

In the above facts and circumstances,

Your Petitioner most respectfully and
humbly prays that Your Lordships would
graciously be pleased to recall the order
dated .2013 as passed by the Division
Bench

comprising

Jayanta

Kumar

Honble

Biswas

and

Justice
Honble

Justice Subal Baidya in C. R. M. No.

of

2013 and be further pleased restore the

said Application for Cancellation of Bail

for proper adjudication and provide a
chance of hearing to the Petitioner and
pass such order/orders as the Your
Lordships may deem fit and proper for
the ends of justice.

And for this act of kindness the Petitioner as in duty bound shall ever
pray.

Affidavit
I, Smt. Sandhya Mondal, wife of Sri Sanjib Mondal, aged about years, by faith Hindu, by occupation Housewife, residing at Village

10

-Begumpur, Police Staion - Baruipur, District- South 24 Parganas, do

hereby solemnly affirm and say as follows :
1.

That I am the Petitioner of this instant application and am well

conversant with the facts and circumstances of this case and as
such am competent to affirm this affidavit.

2.

That the statements made in paragraphs nos.

are

true to knowledge of the Petitioner and the statement made in

paragraph nos.

are true according to the information

being derived from the Learned Advocate-on-Record of the

Petitioner and rests are my humble submissions before this
Honble Court.

Prepared in my office:

Deponent is known to me

Advocate

Clerk to : Mr.

Solemnly affirm before me on

this the
day of September, 2013

Advocate

Commissioner
District South 24 Parganas
In the High Court at Calcutta
Criminal Miscellaneous Jurisdiction
C.R.M. No.

of 2013

C.A.N. No.

of 2013

11

In the matter of:

An application for Restoration;
-AndIn the matter of:
Sandhya Mondal
Applicant/Petitioner
Versus State of West Bengal and Others

Respondents/Opposite Parties

Petition

Mr. Shuvanil Chakraborty, Advocate

Bar Association Room No. 16
High Court, Calcutta