89. 18.06.2018
Aloke Court 28 C.R.M. 2536 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10.05.2018 in connection with
Nandakumar P.S. Case No. 71 of 2017 dated 05.03.2017 under
Sections 498A/302/304B/34 of the Indian Penal Code and
Section 4 of the Dowry Prohibition Act.
And
In the matter of : Hare Krishna Barman
Mr. Rabilal Maitra, Sr. Adv.
Mr. R.L. Maitra
… for the Petitioner
Ms. Faria Hossain
Allowed Ms. Debjani Sahu
… for the State
Report is placed on record wherefrom it appears that
delay in the trial court is due to the fact that copy of the
postmortem report had not been handed over to the defence.
Petitioner is in custody for 443 days and it is submitted that
there is slow progress of trial in the matter.
Learned counsel appearing for the State opposes the
prayer for bail and submits that the bail was rejected earlier.
We have considered the materials on record and we find
that delay in the trial is due to non-supply of copy of
postmortem report to the accused persons and keeping in view
the period of detention suffered by the petitioner and the fact
that delay in the instant case is not attributed to the petitioner
or other accused persons, we are inclined in granting bail to the
petitioner.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a 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, Tamluk, Purba Medinipur, 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 without justifiable cause, 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.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)
