SUPREME COURT OF INDIA
SABITA PAUL vs THE STATE OF WEST BENGAL & ANR.
Criminal Appeal No 2024
(@ Special Leave Petition(Criminal)No 14053 of 2023) On 22 March 2024
Hon'ble Judges: Vikram Nath, Sanjay Karol
Case Type: Criminal Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 149
ACTS REFERRED:
Indian Penal Code, 1860, Section 120-B
Indian Penal Code, 1860, Section 506
Indian Penal Code, 1860, Section 389
Indian Penal Code, 1860, Section 354
Indian Penal Code, 1860, Section 376
Information & Technology Act, 2000, Section 67A
Code of Criminal Procedure, 1973, Section 439(2)
(A) Code of Criminal Procedure, 1973, Section 439(2) - Special powers of High Court or Court of Session regarding bail(B) Indian Penal Code, 1860, Section 376, Section 506, Section 354, Section 389, Section 120-B - (C) Information & Technology Act, 2000, Section 67A In a nutshell, this is the case set out
by the complainant.
The record reveals that the prime accused Supratim aged 23 years stands
enlarged on bail and no challenge has been laid to the said bail order.
It is also a matter of record that the instant appellant i.e.
Judgement Text
1. Leave granted.
2. On the basis of complaint filed by Smt. "X" (hereinafter referred to as the
complainant), and pursuant to the order passed by the Judicial Magistrate,
Siliguri, West Bengal, FIR No.438 of 2022 dated 07.05.2022 was registered at
Police Station, Siliguri, against two accused persons namely, Supratim Paul and
his mother Sabita Paul. It is alleged that Supratim Paul, the neighbour of the
complainant had discreetly taken photographs of the complainant without her
knowledge or consent and that such photographs were obscene, indecent,
salacious, and offensive and were threatened to be circulated on the social media
platforms. Supratim Paul approached the complainant to extort money, but his
demands were not met. Further, Supratim Paul shared the same on the phone of
his mother (present appellant) who also in conspiracy with her son tried to
blackmail the complainant to extort money. In a nutshell, this is the case set out
by the complainant.
3. The record reveals that the prime accused Supratim aged 23 years stands
enlarged on bail and no challenge has been laid to the said bail order.
4. It is also a matter of record that the instant appellant i.e. Sabita Paul, the
mother of the prime accused moved an application seeking anticipatory bail,
firstly before the Sessions Court and thereafter before
