C.R.M. No. 7639 of 2017
In re:- Md. Sadikul Sk. @ Sadikul Sk. …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 2.8.2017 in connection with
Lalgola Police Station Case No.345/2016 dated 15.9.2016 under Section 498A/304B of the Indian Penal
Code with adding Section 302 of the Indian Penal Code.
Mr. Kallol Kumar Basu,
Mr. Debapriya Samanta … For the petitioner.
Mr. S.G. Mukherjee, P.P.,
Mrs. Amita Gaur … For the State.
Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioner is the husband, who is in custody for 121 days.
The learned Counsel for the petitioner contends that initially the case was registered for an
offence punishable under Section 498A/304B IPC and subsequently, charge sheet has been submitted
under Sections 498A/302 IPC.
Opposing the prayer for bail, the learned Counsel for the State draws our attention to the
statement of the son of the victim, which is at page-28 of the case diary.
The learned Counsel for the State submits that since the dead body of the victim was found
hanging in their bedroom, a case of suicide was registered but during the post mortem, it was found that
the same was post mortem hanging and the victim was first killed and then was hanged.
Now, having regard to the facts, as above and considering the other materials collected during
investigation, we are of the opinion that this is not a fit case for bail.
Accordingly, the application for bail stands rejected.
However, the case of the petitioner for splitting up be considered by the court below in
accordance with law.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)