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Dipankar Biswas vs Unknown on 5 November, 2019

1

121.
05-11-2019
debajyoti/kole
CRA No.423 of 2019
with
CRAN 2924 of 2019

In re: An application under Section 389(1) of the Code of Criminal
Procedure filed on 06-08-2019 being CRAN 2924 of 2019.
-And-

In the matter of : Dipankar Biswas
…. Appellant.

Mr. Anjan Bhattacharya,
Ms. Anita Shaw
… For the appellant/applicant.

Mr. Manoranjan Mahata
… For the State.

Re : CRAN 2924 of 2019

1.

The convict/appellant/applicant has been sentenced to
imprisonment for life with fine for committing offence under
Section 498A/Section302 of the Indian Penal Code.

2. We have heard Mr. Anjan Bhattacharya, learned advocate
for the appellant/applicant and Mr. Manoranjan Mahata, learned
advocate for the State. We have also carefully considered the
impugned judgment and order of conviction and sentence. The
appellant/applicant was held guilty for committing offence under
Section 302 of the Indian Penal Code only on circumstantial
evidence and the circumstances are :-

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(i) the applicant/appellant was a legally married husband
of the victim,

(ii) both of them used to reside in joint mess and

(iii) there was some allegation of physical and mental torture
inflicted upon the victim by the appellant/applicant.

3. It is pointed out by learned advocate for the
appellant/applicant that prior to the unfortunate death of the
victim, no allegation of cruelty within the meaning of Section
498A IPC was ever made by the victim or any of her relatives.
The learned trial Judge relied upon the evidence of PW 2, who
claimed that he along with the appellant/applicant brought the
dead body of the victim to the hospital and after she was declared
dead, the applicant/appellant fled away from the hospital. The
said P.W. 2 was, however, not examined by the Investigating
Officer and his statement was not recorded under Section 161 of
the Code of Criminal Procedure.

4. We are prima facie of the view that the evidence on
record is not sufficient and there is no prima facie necessity to try
the instant appeal keeping the convict in jail. It is also pertinent
to record that the appellant/applicant has a girl child who is
being maintained in his home by his parents.

5. For the reasons stated above, sentence of imprisonment
and fine inflicted upon the convict is suspended till the disposal
of the instant appeal.

6. Accordingly, we allow this application to the extent that
the appellant/applicant shall be released on bail upon furnishing
a bail bond of Rs.20,000/-, with two sureties of Rs.10,000/-

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each, one of whom must be local, to the satisfaction of learned
Additional Chief Judicial Magistrate, Bongaon and on further
condition that the appellant/applicant shall meet the Officer-in-
Charge of the concerned police station once a month and further
that the appellant shall be personally present or be represented
before this Court when the appeal is taken up for hearing.

7. List the appeal for hearing as and when the same
becomes ready for hearing.

8. The application being CRAN 2924 of 2019 is, thus,
disposed of.

9. Criminal Section is directed to supply urgent photostat
certified copies of this order to the parties, if applied for, upon
compliance of all necessary formalities.

( Thottathil B. Radhakrishnan, C.J. )

( Bibek Choudhuri, J. )

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