SK Court No.26
CRM 6304 of 2017
In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 23.06.2017 in connection
with Gaighata Police Station Case No. 158/2017 dated
24.02.2017 under Sections 498A/326/307/34 of the Indian
In Re: Sulekha Sarkar Petitioner.
Mrs. Rupna Bhattacharjee Ray ……For the Petitioner.
Mr. Anowar Hossain,
Mrs. Ratna Ghosh … For the State.
Leave is granted to correct the cause title.
Heard the learned counsel appearing on behalf of the
parties. Perused the Case Diary.
The petitioner is the mother-in-law of the
It is vehemently contended that this petitioner is in
custody for 140 days. It is further submitted that investigation is
over and charge-sheet has been submitted and out of three
charge-sheeted accused two are on bail granted by this Hon’ble
Court, therefore, her prayer for bail also be considered
On the other hand, the learned counsel for the State
handed over to us to a server copy of an order passed in
connection with C.R.M. No. 4789 of 2017 and submits that the
same Bench on the same day however rejected the prayer for bail
of the present petitioner, but such fact has not been disclosed in
this application and this is actually practicing fraud upon the
court. He then submits that the prayer for bail was rejected
because of the reason that there is a dying declaration made by
the victim soon before her death, in which she implicated the
present petitioner, her mother-in-law, as the accused, who set
her on fire.
We have gone through the case diary.
Now, considering the facts as above and the nature and
seriousness of the allegations and the gravity of the offence, the
application for bail is rejected.
Office is directed to immediately communicate this order
to the learned court below for his future reference and the
counsel for the State is also directed to retain in the case diary
both the orders passed by the vacation Bench as well as this
court rejecting the application for bail, that is also for future
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)