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An Application For Bail Under … vs In Re:- Seikh Abdul Latib @ Abdul … on 6 April, 2017

1

31
06.04.2017

sm
Allowed
CRM No.2714 of 2017

In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 30.03.2017 in connection with
Hariharpara Police Station Case No.558 of 2016 dated 12.11.2016
under sections 498A/323/325/302 of the Indian Penal Code.

And

In Re:- Seikh Abdul Latib @ Abdul Latif Sk.. .. Petitioner.

Mr.Kallol Kumar Basu
Mr.Debapriya Samanta … for the petitioner

Mr.Neguive Ahmed
Ms.Benzir Hasna … for the State.

Heard the learned advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband. He is in custody for about 134

days.

It is an admitted position that after the victim-housewife

remained at her parental home for four (4) days, she was removed to

the hospital and there she died three (3) days after her admission.

According to the post-mortem report, she died a homicidal

death and multiple injuries were found in her persons.

However, during the period of three (3) days, when she was

confined in the hospital, no attempt was made to record her dying

declaration as to how she sustained injuries, which resulted in her

death.

2

We find from the admission report that at the time of her

admission, she was conscious, alert and responsive, but no

allegation has been made against the petitioner.

Having regard to above and when no case is made out from

the side of the State that even after submission of the charge-sheet,

the custodial detention of the petitioner is still necessary for the

purpose of investigation or if the petitioner is released on bail, he is

likely to abscond, the prayer for bail stands allowed.

Let the petitioner be released on bail to the satisfaction of the

learned Chief Judicial Magistrate, Murshidabad upon furnishing a

Bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of

whom must be local.

Accordingly, this application for bail is disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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