Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture
Live LawThe Calcutta High Court recently invoked its power under Article 226 of the Constitution of India to cancel the bail granted to the in-laws of a woman on the ground that she continues to be tortured by them. The charges under Sections 376 and 354 of the Indian Penal Code have been prima facie established in the investigations by the police.” The petitioner/victim has registered 11 FIRs against her-in-laws and several other persons for the offences including rape, hurt, outraging the modesty of woman, cruelty to woman and criminal intimidation at Kandi Police Station. The court further stated: “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.” “Such persons cannot be allowed to enjoy any liberty as they continue to be a threat to the petitioner. 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 held.