C.R.M. No.4191 of 2017
In re:- Dipanjan Samanta …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 11.5.2017 in connection
with Malipanchghora Police Station Case No.305 dated 5.12.2016 under sections 498A/304B/34 of the
Indian Penal Code.
Mr. Sandipan Ganguly,
Ms. Sreyashee Biswas,
Mr. Dipanjan Dutt … For the petitioner.
Mr. S.G.Mukherjee, P.P.,
Mrs. Amita Gaur …. For the State.
Mr. Madhu Jana … For the de facto complainant.
Heard the learned Advocates appearing on behalf of the
The petitioner is the husband, who is in custody for 130
days and investigation is over and charge sheet has been submitted.
The learned Counsel for the petitioner contends that it is
true that the victim committed suicide within four months from her
marriage but before her death, she left a suicide note, in which she
disclosed that none is responsible for her death and she committed
suicide without any instigation.
The learned Counsel for the State, however, has not
disputed such contention and submits that it is true that a suicide
note has been recovered.
At this stage, Mr. Madhu Jana, the learned Counsel for the
de facto complainant disputed such contention and he vehemently
contends that such suicide note is forged and manufactured one.
Having regard to that, we have restrained ourselves from
passing any order without knowing the report of Handwriting Expert
and adjourned the hearing.
Now, the learned Counsel for the State obtains instructions
and submits that Handwriting Expert’s report has been received by
the police and it is found that her specimen writing has been
matched with the writing in the suicide note and the same is
Having regard to above, we allow the petitioner’s prayer for
Let the petitioner be released on bail upon furnishing a
bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of
whom must be local, to the satisfaction of the learned Chief Judicial
Before parting with, we must say that this is a fit case,
where for disrupting the court’s proceeding and wasting court’s time,
exemplary costs be imposed against the de facto complainant.
We, therefore, direct that the de facto complainant, Ashish
Set, who is a resident of 4/6, Kamini School Lane, P.S.
Malipanchghora, Howrah, to be present in Court personally on
tomorrow, i.e. 16th May, 2017 at 10-30 a.m.
List it again on 16th May, 2017 for further order.
This order shall be communicated to him by his learned
Counsel Mr. Madhu Jana as also by the learned Counsel for the
State through the investigating officer of the case.
We make it clear that if the de facto complainant does not
appear before us on the aforesaid date, we have no other option but
to issue warrant of arrest against him and he be taken into custody.
The application for bail is, thus, disposed of.
Let plain copy of this order, duly countersigned by the
Assistant Registrar (Court) be given to the learned Counsel for the
petitioner as well as the learned Counsel for the State on usual
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J. )