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Code And 3 / 4 Dowry Prohibition Act … vs In Re:- Morsed Ali Sekh & Anr on 5 September, 2017

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14 5.9.2017

C.R.M. No.8343 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. affirmed on 22.8.2017 in connection with
Katwa Police Station Case No.202/17 dated 4.5.2017 under Sections 498A/326/307/34 of the Indian Penal
Code and 3 / 4 Dowry Prohibition Act subsequently adding Section 302/304B of the Indian Penal Code.

– And –

In re:- Morsed Ali Sekh Anr. …. Petitioners.

Mr. Subir Debnath,
Mr. Debajit Kundu … For the petitioners.

Md. Anowar Hossain,
Ms. Benajir Hasna …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioners are in custody for 126 days. Charge sheet has

already been submitted and the case has been committed to the Court of

Sessions.

On perusal of the case diary, including the dying declaration of

the victim housewife, we do not find any materials in the case diary for

which further custodial interrogation of the petitioners is necessary or

that in the event, bail is granted in their favour, they are likely to

abscond.

In view of the above, we are inclined to allow the petitioners’

prayer for bail.

Accordingly, we allow their prayer for bail.

Let the petitioners be released on bail upon furnishing bond of

Rs.10,000/- each with two sureties of Rs.5,000/- each for each of the
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petitioners, one of whom must be local, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Katwa, Burdwan on condition that

after release, the petitioners shall appear before the learned court below

at the time of trial and on the failure of the petitioners on any single

occasion, their bail shall stand cancelled automatically, without any

further reference to this Court.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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