ORDER
Nure Alam Chowdhary, J.
1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the complainant Ashok Kumar Kabra, challenging the order dated 16-3-95, passed by the learned District & Sessions Judge, Howarh in Criminal Misc. Case No. 97 of 1995 allowing the application for anticipatory bail of the opposite party No. 1 Smt. Kamala Devi Shaw and the opposite party No. 2 Smt. Kanika Devi Shaw with conditions mentioned in the order, in connection with Shibpur P. S. Case No. 273 of 1994, under Sections 409/420/120B of the I. P. C. was finally heard by his Lordships the Hon'ble Mr. Justice M. K. Bhattacharyya, by his judgment and order dated 28-6-95 had been pleased to set aside the impugned order passed by the learned Sessions Judge with certain directions contained in the order. The opposite parties Kamala Devi Shaw and Kanika Devi Shaw thereafter filed a petition for Special Leave Petition being S. L. P. (Crl) No. 2657 of 1995, in the Hon'ble Supreme Court of India and the Hon'ble Supreme Court by order dated August 14, 1995, had been pleased to grant leave and dispose of the appeal and set aside the impugned order passed by His Lordship the Hon'ble Mr. Justice M. K. Bhattacharyya and direct that the application for cancellation of the anticipatory bail be considered afresh and disposed of on its merits without being influenced by any observation in the impugned order with further direction that the application should be decided by a different Bench. Consequent to the said order of the Hon'ble Supreme Court, the Hon'ble the Chief Justice of this Hon'ble Court by order dated 1 -9-95 has been pleased to assign the matter for hearing before this Court and accordingly the matter is heard by this Court.
2. Heard the learned counsel for the respective parties. Perused the records.
3. It appears from records that the opposite party No. 1 Kamala Devi Shaw and the opposite party No. 2 Kanika-Devi Shaw filed two separate applications for anticipatroy bail under Section 438 of the Code of Criminal Procedure before a Division Bench of this Court in connection with the same case and both the two applications were rejected being treated as 'Not pressed and hence rejected by a single judgment and order dated 27th September, 1994 in Criminal Misc. Case No. 6222 of 1994.
4. It also appears that thereafter the opposite parties Kamala Devi Shaw and Kanika Devi Shaw moved an application under Section 482 of the Code of Criminal Procedure, challenging the criminal proceeding pending before the learned Sub-divisional Magistrate, Howarh and also for quashing the First Information Report of the case. The said application, registered as Criminal Revision Case No. 2417 of 1994, was finally heard and dismissed for default by judgment and order dated 3rd February, 1995, and had also been pleased to vacate the interim order passed therein.
5. It further appears that the accused opposite parties Kamala Devi Shaw and Kanika Devi Shaw, thereafter filed an application for anticipatory bail before the learned Sessions Judge, Howarh on 7-2-95 and the learned Sessions Judge, on consideration of the materials before him including an affidavit containing some incorrect statements affirmed by the tadbirkar of Kamala Devi Shaw and Kanika Devi Shaw and hearing the parties allowed the said application on conditions mentioned in the order by his judgment and order dated 16-3-95 in Criminal Misc. Case No. 97/95 and consequent to the said order the aforesaid opposite parties were granted bail by the learned S. D. J. M.-in-charge, Howrah, by order dated 5-4-95 in G. R. Case No. 1976 of 1994.
6. This Court in its Revisional Jurisdiction does not find any reason to entertain the application under Section 401 read with Section 482 of the Code of Criminal Procedure, for setting aside the order of the learned Sessions Judge granting anticipatory bail to the opposite parties when there is specific provision under Section 439(2) of the Code of Criminal Procedure for the purpose. However, since it has been brought to the notice of this Court of suppression of material facts and incorrect statements on Affidavit and of commission of fraud on the Court on the basis of which the impugned order was passed by the learned Sessions Judge, the impugned order dated 16-3-95 passed by the learned District Sessions Judge, Howrah in Cr. Misc. Case No. 97 of 1995 and the consequent order dated 5-4-95 passed by the learned S. D. J. M.-in-charge, Howrah in G. R. Case No. 1976 of 1994 are set aside and the learned Sessions Judge, Howrah is directed to hear the application for anticipatory bail of the opposite parties Smt. Kamala Devi Shaw and Smt. Kanika Devi Shaw, on which the impugned order dated 16-3-95 was passed by the learned Sessions Judge, afresh and after giving opportunities to the learned Advocates on behalf of Smt. Kamala Devi Shaw and Smt. Kanika Devi Shaw and the learned Advocate on behalf of the State dispose of the said application afresh in accordance with law.
7. This Court makes it clear that this Court has not expressed any opinion on the merit of the aforesaid application for anticipatory bail directed to be heard afresh by the learned Sessions Judge.
8. This application is disposed of as indicated above.