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Basirun Bewa vs Unknown on 19 March, 2019



Sl. No.37


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
… Petitioner

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

disposed of.

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.)

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