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Judgments of Supreme Court of India and High Courts

8.2019 Under Sections 498A/302 Of … vs In Re: Md. Jakir Hossain @ Khan on 13 February, 2020



Sl. No.126
C. R. M. 1545 of 2020

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
11.02.2020 in connection with Domjur Police Station Case No. 485 of 2019 dated
11.08.2019 under Sections 498A/302 of the Indian Penal Code.


In Re: Md. Jakir Hossain @ Khan
… … Petitioner
Mr. Debarshi Brahma .. Advocate
… … for the petitioner

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

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/302 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 183

days. It is further submitted that the incident occurred nine years after marriage.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for bail.

Having considered the materials on record and bearing in mind the fact that the

victim committed suicide nine years after marriage and as statutory presumption under

Section 113A of the Evidence Act is not attracted to the facts of the present case and in

view of the period of detention suffered by the petitioner, we are of the opinion that further

detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Md. Jakir Hossain @ Khan, be

released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with

two sureties of like amount each, one of whom must be local, to the satisfaction of the

learned Chief Judicial Magistrate, Howrah subject to condition that the said petitioner shall

appear before the trial court on every date of hearing until further orders and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed.

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

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