CRM No. 8747 of 2017
In the matter of : An application for bail under Section 439 of the Code of Criminal
Procedure affirmed on 29.08.2017 in connection with Swarupnagar P.S. Case No.145 of 2015
dated 26.02.2015 under Sections 498A/304 of the Indian Panel Code read with sections 3
4 of the Dowry Prohibition Act, adding section 302 of the Indian Panel Code.
In re : Pradip Sinha …Petitioner.
Mr. Soumya Banerjee .. for the petitioner
Ms. Amita Gour ..for the State
We have heard the learned Counsel appearing for the respective parties and
perused the case diary.
The petitioner is in custody for about 913 days.
It is submitted by the learned Advocate appearing on behalf of the petitioner that
after cross‐examination of the P.W.‐2 partly, the learned Public Prosecutor breathed his
last suddenly. No further step has yet been taken for engaging another Public Prosecutor.
It is also submitted by him that further custodial detention of the petitioner is not
necessary at this stage.
It is submitted by the learned State Advocate that the petitioner is the principal
accused. According to the post mortem report, the death of the victim housewife was
caused due to strangulation and it was homicidal in nature. The death of victim took
place one year after her marriage.
Upon consideration of the aforesaid fact and circumstances as also taking into
consideration the fact that the same prayer of the petitioner was rejected by a co‐ordinate
bench of this Court on five occasions and there is no subsequent developments in the
matter, we are not inclined to allow the prayer of the petitioner for granting bail and the
same is rejected. However, the prosecution is directed to arrange for engaging a Public
This application stands dismissed.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J.)