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An Application For Bail Under … vs Jamsed Ali Sk on 25 June, 2018

1

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
2

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.)

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