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53 31.01.2018
Aloke Court 28 C.R.M. 893 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30.01.2018 in connection with
Beldanga P.S. Case No. 91 of 2017 dated 19.02.2017 under
Sections 498A/302/34 of the Indian Penal Code.
And
In the matter of : Jiaul Hoque @ Jiarul Hoque
Mr. Prabir Majumder
Mr. Amanul Islam
… for the Petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.
Allowed Ms. Amita Gaur
… for the State
It is submitted on behalf of the petitioner that petitioner
is in custody for 120 days and it is submitted that the cause of
death is one of ante-mortem hanging and the incident occurred
15 years after marriage.
Learned counsel appearing for the State opposes the
prayer for bail and submits that his prayer was rejected earlier by
this Court.
We have considered the materials on record and we find
that there has been no progress in the matter since the last
rejection of bail by this Court. We also note that the victim had
died 15 years after marriage and the cause of death is one of ante-
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mortem hanging and bearing in mind the aforesaid facts and the
period of detention suffered by the petitioner, we are inclined in
granting bail to the petitioner.
Accordingly, we direct that the petitioner shall be released
on bail upon furnishing bond of Rs.10,000/-(Rupees Ten
Thousand only) with two sureties of like amount, one of whom
shall be local, to the satisfaction of the learned Chief Judicial
Magistrate, Murshidabad at Berhampore on condition that he
shall appear before the trial court on every date of hearing and
shall not intimidate witnesses or tamper with evidence in any
manner whatsoever.
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel his bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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