CRM 2577 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 01.03.2019 in connection with Beldanga Police Station
Case No. 547 of 2017 dated 11.12.2017 under Sections 498A/302 of the
Indian Penal Code.
In the matter of : Basirun Bewa
Mr. Anisur Rahman … for the petitioner
Mr. Partha Pratim Das,
Ms. Mayukhi Mitra … for the State
This is a case under Sections 498A/302 of the Indian Penal Code.
Learned lawyer for the petitioner submits that the petitioner is in
custody for 451 days and charge-sheet has been submitted on March 15,
2018, but till date there has been no progress in the case.
Learned lawyer for the State opposes the prayer for bail and submits
that earlier twice this Hon’ble Court was pleased to reject the prayer for bail of
the petitioner and there are clinching evidence of witnesses who named this
petitioner contributing to the death of the victim.
We have perused the materials on record including the case diary which
incorporates the statement of the child and the dying declaration.
As such, considering the nature and gravity of the offence we are not
inclined to grant bail to the petitioner.
The learned Magistrate is directed to take all necessary steps and to
consider in splitting up the case in a circumstance where two accused
persons are absconding and to proceed with the commitment proceedings.
With the aforesaid directions, C.R.M. No. 2577 of 2019 is dismissed and
Department is directed to communicate this order to the learned Chief
Judicial Magistrate, Murshidabad at Berhampore.
Urgent photostat certified copy of this order, if applied for, be given to
the parties after compliance of necessary formalities.
(Md. Mumtaz Khan, J.)
(Tirthankar Ghosh, J.)