C.R.M. No.8343 of 2017
Re: An application for bail under Section 439 Cr.P.C. affirmed on 22.8.2017 in connection with
Katwa Police Station Case No.202/17 dated 4.5.2017 under Sections 498A/326/307/34 of the Indian Penal
Code and 3 / 4 Dowry Prohibition Act subsequently adding Section 302/304B of the Indian Penal Code.
– And –
In re:- Morsed Ali Sekh Anr. …. Petitioners.
Mr. Subir Debnath,
Mr. Debajit Kundu … For the petitioners.
Md. Anowar Hossain,
Ms. Benajir Hasna …. For the State.
Heard the learned Advocates appearing on behalf of the parties.
Perused the case diary.
The petitioners are in custody for 126 days. Charge sheet has
already been submitted and the case has been committed to the Court of
On perusal of the case diary, including the dying declaration of
the victim housewife, we do not find any materials in the case diary for
which further custodial interrogation of the petitioners is necessary or
that in the event, bail is granted in their favour, they are likely to
In view of the above, we are inclined to allow the petitioners’
prayer for bail.
Accordingly, we allow their prayer for bail.
Let the petitioners be released on bail upon furnishing bond of
Rs.10,000/- each with two sureties of Rs.5,000/- each for each of the
petitioners, one of whom must be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Katwa, Burdwan on condition that
after release, the petitioners shall appear before the learned court below
at the time of trial and on the failure of the petitioners on any single
occasion, their bail shall stand cancelled automatically, without any
further reference to this Court.
The application for bail is, thus, disposed of.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J. )