An Application For Bail Under … vs In Re: Parthana Ghosh on 6 September, 2017

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52.
06.09.2017

.

ap C.R.M. 8462 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 25.08.2017 in connection with
Bharatpur Police Station Case No. 65 of 2017 dated 27.02.2017
under Sections 498A/326/307/34 of the Indian Penal Code.
And
In re: Parthana Ghosh. … Petitioner

Mr. Pratip Kumar Chatterjee. …… for the petitioner

Mr. Anwar Hossain. …. for the State

On the prayer made on behalf of the petitioner, leave is granted

to correct the typographical errors in the cause title as also in the

prayer portion.

Heard the learned counsel appearing on behalf of the

respective parties. Perused the case diary.

The petitioner is the mother-in-law of the victim housewife.

She is in custody for 184 days. Charge-sheet has also been

submitted.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that there is no necessity of custodial detention of the

petitioner even after submission of the charge-sheet. It is further

submitted by him that the petitioner has falsely been implicated in

the instant case.

Our attentions have been drawn from the side of the State

towards the dying declaration of the victim housewife in which the
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present petitioner has been implicated, as the person responsible for

setting fire on her body.

Upon consideration of the above materials in the case diary as

also after considering the two orders passed by two different co-

ordinate Benches of this Court on May 30, 2017 in connection with

C.R.M. No. 4727 of 2017 and on July 3, 2017 in connection with

C.R.M. No. 6122 of 2017 and taking into consideration the above

dying declaration for rejection of similar prayer of the petitioner, we

are not inclined to allow the prayer for bail of the petitioner in

granting bail.

This application for bail is dismissed accordingly.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J.)

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