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Judgments of Supreme Court of India and High Courts

2019 Dated 21.10.2019 Under … vs In Re: Sabirul Islam on 24 February, 2020



Sl. No.55
C. R. M. 2004 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 20.02.2020 in connection with Ranitala Police Station Case No. 636 of
2019 dated 21.10.2019 under Sections 498A/304B/34 of the Indian Penal Code.


In Re: Sabirul Islam
… … Petitioner
Mr. Debapriya Samanta .. Advocate
… … for the petitioner

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he is the husband of the victim-

housewife and was abroad when the incident occurred. It is further submitted that the

victim-housewife committed suicide at her parental home.

Learned advocate appearing for the State opposes the prayer for anticipatory

bail and submits that the petitioner used to threaten the victim-housewife over telephone.

Having considered the materials on record and bearing in mind the extent of

complicity of the petitioner in the alleged crime in the light of the submission that he was

residing abroad at the time when the incident occurred, we are of the opinion that

custodial interrogation of the accused/petitioner may not be necessary in the facts of the

present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Sabirul Islam, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only), with two sureties of like amount each, to the satisfaction of the arresting

officer and also be subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that he shall meet the

Investigating Officer once in a week until further orders. Petitioner shall appear before the

Investigating Agency and hand over his passport, if any, within a fortnight from date. In

the event he does not have a passport, he shall personally appear before the

Investigating Agency and furnish an affidavit to that effect within the time frame mentioned


The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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