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63 25.06.2018
ss Allowed
C.R.M. 3463 of 2018
In the matter of : An application for bail under section 439 of the Code of
Criminal Procedure filed on 06.06.2018 in connection with Chapra P.S.
Case No. 504 of 2016 dated 26.12.2016 under sections
498A/326/307/302/34 of the Indian Penal Code.
And
In the matter of : Jamsed Ali Sk.
… … petitioner
Mr. Kallol Basu,
Mr. Debapriya Samanta
… … for the petitioner
Mr. Saswata Gopal Mukherjee, Ld.P.P.,
Mr. P.P. Das
… … for the State
It is submitted on behalf of the petitioner that he is in custody for one
year and six months and it is submitted that the vital witness, namely,
Sakhi Sona Bibi has not supported the prosecution case.
Learned counsel appearing for the State opposes the prayer for bail
and submits that the victim made a dying declaration before his wife
Banura Bewa.
We have considered the materials on record and we find that the
husband of the petitioner along with P.W. 1 Sakhi Sona Bibi were being
removed to the hospital together. P.W. 1 Sakhi Sona Bibi, however, has not
supported the prosecution case nor spoken of any dying declaration made
by the victim. It is a matter to be decided during trial as to whether the
victim made any dying declaration at all or not. However, keeping in mind
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the evidence on record particularly of P.W. 1, Sakhi Sona Bibi and the
period of detention suffered by the petitioner, we are inclined to grant bail
to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail
upon furnishing a bond of Rs. 10,000/- with two sureties of like amount
each, one of whom must be local, to the satisfaction of the learned Chief
Judicial Magistrate, Nadia subject to the condition that he shall not leave
the jurisdiction of Chapra Police Station except for attending Court
proceeding and shall appear before the trial court on every date of hearing
and shall not intimidate witnesses or tamper with evidence in any manner
whatsoever.
In the event he fails to do so without justifiable cause, the trial Court
shall be at liberty to cancel his bail in accordance with law without further
reference to this court.
The application for bail is, thus, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
