1
21.04.2020.
Item No.3
(Rejected)
ab C.R.M. 3159 of 2020
+
C.R.A.N. 1539 of 2020
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19.04.2020 in connection with Howrah
Women P.S. Case No. 06 of 2017 dated 03.02.2017 under Sections
498A/107/304-B/302/34 of the Indian Penal Code.
And
In the matter of : Bimala Devi @ Bimla Devi Jaiswal
@ Kamala Jaiswal …. petitioner.
Mr. Achin Jana. …For the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Faria Hossain …For the State.
The petitioner undertakes to affirm and stamp the
petition/application as per the Rules within forty-eight hours of
resumption of the normal functioning of the Court. Subject to
such undertaking the application is taken up for hearing through
Video Conference.
The learned Advocate appearing for the petitioner submits
that the petitioner being a co-accused aged about 56 years is
languishing in jail since last three years despite the fact that the
other co-accused have already been enlarged on bail. The
petitioner is the mother in-law of the victim girl and, therefore,
should also be released on interim bail. It is further submitted that
though the session trial has commenced but only one witness has
been examined and there is a considerable delay in completing the
session trial.
On the other hand, learned Public Prosecutor submits that
the bail applications filed by the petitioner on earlier occasions
were dismissed in view of the fact that the victim girl made a dying
declaration and named the petitioner to have poured kerosene on
her body and lit the same.
In view of the complicity of the petitioner to the alleged
offence and the nature of the dying declaration of the victim girl,
we do not feel that this is a fit case where the petitioner should be
enlarged on bail.
The application being CRM 3159 of 2020 is hereby rejected.
2
In view of the dismissal of the main application, the interim
application being CRAN 1539 of 2020 has become infructuous and
is accordingly dismissed.
(Abhijit Gangopadhyay, J.) (Harish Tandon, J.)
