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An Application For Anticipatory … vs Alimuddin Sahaji @ Almaddin … on 11 January, 2019

1

38 11.01.2019
ss Allowed
C.R.M. 187 of 2019

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.01.2019 in connection with
Shasan P.S. Case No. 133 of 2018 dated 27.10.2018 under Sections
498A/302 of the Indian Penal Code.

And

In the matter of : Alimuddin Sahaji @ Almaddin Sahaji Ors.

… … petitioners
Mr. Sumanta Chakraborty
… … for the petitioners
Ms. Faria Hossain,
Ms. Baisali Basu
… … for the State

Liberty is given to Advocate for the petitioners to correct the cause-title

in the presence of an officer of this Court.

The petitioners seek anticipatory bail in connection with Shasan P.S.

Case No. 133 of 2018 dated 27.10.2018 under Sections 498A/302 of the

Indian Penal Code.

The petitioners are the relatives of the husband of the victim who

died of electrocution. The petitioners claim that the electrocution was by

accident, though the complaint makes out that the in-laws killed the victim

before giving it the impression of a case of electrocution.

The State produces the case diary and refers to the post-mortem

report.

2

Considering the post-mortem report which indicates that the death

was due to anti-mortem electrocution, there may not be any need to take

the petitioners into custody. The husband remains arrested.

In the event of arrest, the petitioners will be granted bail upon

furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) each, with

two sureties of Rs. 5,000/- (Rupees five thousand only) each, one of whom

must be local, to the satisfaction of the arresting officer, subject to the

conditions as laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioners are directed to meet the

investigating officer at such time and place as may be specified by the

concerned police officer, till the investigation is completed.

The petition for anticipatory bail is allowed subject to the conditions

as indicated above.

Certified copies of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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