Disposed¶24

Hasiba Khatun v. the State of West Bengal and Anr.

Calcutta HC6 Apr 2026CRM (DB)/2990/2024

Case brief

AI extract

What is this about?

Bail cancellation; S. 483(3) BNSS 2023 corresponding to S. 439(2) CrPC 1973; recall of dismissal order dated 14.01.2025; restoration of application (CRAN 1 of 2025); bail dated 15.07.2024 by Additional Sessions Judge, Chanchal, Malda; Ratua Police Station case no. 441 of 2024; last opportunity to accused; liberty to trial Court to cancel bail on proper application after notice; disposed of by Tirthankar Ghosh, J.

What did the court decide?

Cancellation of bail refused at this stage; a last opportunity given to the accused with liberty reserved to the trial Court to cancel bail on a proper application after notice; CRAN 1 of 2025 allowed, recalling the order dated 14.01.2025 and restoring the application. ¶24

Hasiba Khatun Vs the State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the order of bail dated 15.07.2024 passed by the learned Additional Sessions Judge, Chanchal, Malda should be cancelled. +1 more

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Court's answer

Although one year nine months had passed since the bail and a subsequent information led to Ratua Police Station case no. 441 of 2024, making the accused's conduct uninspiring, the Court at this stage was not inclined to interfere with the bail order granted on 15.07.2024.

¶23

Ratio / Principle

The reasons assigned for the dismissal (advocate's illness preventing arrangement of an adjournment) were held just and reasonable; the order dated 14.01.2025 was recalled, the application was restored to its original file and number, and CRAN 1 of 2025 was allowed.

¶16

Key takeaways

A last opportunity was granted to the accused persons; on further accusations of tampering with witnesses or interfering with the complainant's liberty, the learned trial Court would be at liberty to cancel their bail on a proper application filed after issuing notice to the accused persons.ratio¶22

Detailed headnote1 paragraphs

Application under S. 483(3) BNSS 2023 (corresponding to S. 439(2) CrPC 1973) for cancellation of bail dated 15.07.2024 granted by the Additional Sessions Judge, Chanchal, Malda: (i) CRAN 1 of 2025 allowed - the order dated 14.01.2025 dismissing the application was recalled and the application restored, the advocate's illness being accepted as just and reasonable cause; (ii) noting that one year nine months had elapsed since bail and that a subsequent information had resulted in Ratua Police Station case no. 441 of 2024, the Court observed that the accused's conduct was not very inspiring to enjoy their liberty, yet declined at this stage to interfere with the bail order; a last opportunity was granted, with liberty to the trial Court to cancel bail on a proper application after notice to the accused if there are further accusations of witness tampering or interference with the complainant's liberty. CRM (DB) 2990 of 2024 disposed of (Tirthankar Ghosh, J.).

¶1

06.04.2026 Court No.35. D/L. 96 Rakib

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CRM (DB) 2990 of 2024 With

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CRAN 1 of 2025

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In Re: An Application for cancellation of bail under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439(2) of the Code of Criminal Procedure, 1973).

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And

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In the matter of : Hasiba Khatun

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……Petitioner.

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Mr. Biswajit Tiwari ……for the Petitioner.

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Ms. Z. N. Khan Mr. Sourat Nandy.

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..... for the State.

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Mr. Mrityunjoy Chatterjee Mrs. Suchismita Chakraborty Mr. Debarnab Adhikary

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......for the respondent no.2.

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In Re: CRAN 1 of 2025

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Petitioner has prayed for restoration of the application for cancellation of bail. To that effect the order dated 14.01.2025 has been brought to the notice of this Court.

¶15

Petitioner submits that learned advocate for the petitioner was suffering from fever and was unable to organize any lawyer for taking adjournment, as such the application was dismissed.

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Having considered the reasons so assigned in the application, I am of the opinion that the same are just and reasonable. Accordingly, the order dated 14.01.2025 is recalled and the application is restored to its original file and number.

¶17

As such, CRAN 1 of 2025 is allowed.

¶18

¶19

In Re: CRM (DB) 2990 of 2024

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Petitioner has prayed for cancellation of the order of bail dated 15.07.2024 passed by the learned Additional Sessions Judge, Chanchal, Malda. Learned Sessions Judge while granting the bail took into account that the dispute arose between the family members and the genesis of the dispute relate to cultivation of land.

¶21

Having regard to the fact that the bail was granted on 15.07.2024 and since then one year nine months have passed and subsequently another information was furnished which resulted in Ratua Police Station case no. 441 of 2024, I am of the opinion that the conduct of the accused persons are not very inspiring to enjoy their liberty.

¶22

However, a last opportunity is granted to the accused persons, in case, there are further accusations of tampering with the witnesses and/or interfering with the liberty of the complainant, learned trial Court would be at liberty to cancel their bail on a proper application being filed and after issuing notice to the accused persons.

¶23

At this stage, I am not inclined to interfere with the order of bail granted on 15.07.2024.

¶24

With the aforesaid observations CRM (DB) 2990 of 2024 is disposed of.

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¶26

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

¶27

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

¶28

(Tirthankar Ghosh, J.)

Hasiba Khatun v. the State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Hasiba Khatun v. the State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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