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(164)
10.05.2018

(p.j.)

C.R.A. No. 26 of 2018

In the matter of : An application for bail being CRAN 517 of 2018 filed on
7.2.2018 in connection with S.C 56/2013 (CIS 56/2013), S.T. 13/2014;

-And-

In the matter of : Monmotho Saha 2 others.

…Appellants

Mr. Kallol Kumar Basu
Mr. Subhadip Banerjee

…for the Appellants

Mr. Saswata Gopal Mukherjee, PP
Mr. P.P. Das … for the State

This is an application under Section 389 of the Code of Criminal Procedure

which arises out of an appeal being CRA No. 26 of 2018 challenging the judgment

of the order of conviction dated 20.12.2017 and order of sentence dated

21.12.2017 passed by the learned Additional Sessions Judge, 2nd Court, Katwa,

Burdwan in Sessions Case No. 56 of 2013 (Sessions Trial No. 13 of 2014). The

petitioners are father-in-law, mother-in-law and brother-in-law who have prayed

for releasing them on bail pending hearing of the appeal and for suspension of

sentence appealed against.

I have heard the learned counsel for the petitioners and also the learned

counsel for the State.

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My attention is invited to the photocopies of the certified copy of deposition

to the P.W. 1 and P.W. 4 and particular wherefrom it is reflected that on 16.9.2011

the deceased victim have been informed over phone that her husband and mother-

in-law were assaulting her and during the time of assaulting she was on the phone

line and was crying. Prima facie on being so assaulted the victim deceased who

was expectant mother for three months took poison and she committed suicide.

The accused persons have been convicted and sentenced for offence punishable

under Sections 498A/304B IPC. The Section 304B may be suicidal and may be

homicidal as well.

However, having regard to the factual aspects of the case, the

appellants/petitioners prayer for bail is considered in respect of the

appellant/petitioner no. 1/Monmotho Saha and no. 3/Joydeb Saha who may be

enlarged on bail of Rs. 5,000/- each to the satisfaction of the learned Additional

Chief Judicial Magistrate, Katwa, Burdwan and accordingly, their sentences be

suspended pending hearing of the appeal.

However, prayer for bail in respect of the appellant/petitioner no. 2/Smt.

Pratima Saha is rejected.

Thus, the application for bail being CRAN 517 of 2018 is disposed of.

Liberty is given on subsequent stage to prefer the bail application before the

Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the

parties as early as possible.

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(Shivakant Prasad, J.)