1
21.11.2019
SL No.121
AP
CRM 9133 of 2019
In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 20.09.2019 in connection with
Beldanga P.S. Case No. 547/17 dated 11.12.2017 under
Sections 498A/Section302 of the Indian Penal Code.
And
In the matter of: Basirun Bewa @ Basiran Bewa @ Kashirun
Bewa
….Petitioner.
Mr. Raju Monda,
…for the Petitioner.
Mr. A.K. Maiti, Ld. A.P.P.,
…for the State.
It is submitted on behalf of the petitioner that the
petitioner is the in-law of the victim housewife and she is in
custody for more than two years.
Learned lawyer for the State opposes the prayer for bail.
Report is placed on record wherefrom it appears that due
to abscondence of co-accused persons case could not be
committed.
We have considered the materials on record. Although
the allegations are serious there is slow progress the matter
before the court below. In view of the aforesaid fact and
keeping in mind the period of detention, we are of the opinion
that further detention of the petitioner could not enure to the
2
interest of justice. Under these circumstances, we are inclined
to grant bail to the petitioner.
Let the petitioner 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, Murshidabad at Berhampore subject
to the condition that during bail the petitioner shall appear
before the learned trial court regularly till disposal of the trial
and the petitioner shall not intimidate witnesses or tamper
with evidence in any manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial
court to cancel the bail without any further reference to this
Court.
The application for bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)