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Judgments of Supreme Court of India and High Courts

Dole Sahaji @ Almas Ali Sha & Anr vs Unknown on 20 August, 2019

1

20.08.2019

Item no. 2
Ct. No.32
CHC
Partly Allowed

C.R.M. No.7553 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 16.08.2019 in connection
with Bhatar Police Station Case No. 273 dated 23.06.2019 for
alleged offence punishable under Sections 498A/326/307/34 of
the Indian Penal Code and Sections 3/ 4 of Dowry Prohibition Act
and subsequently added Section 304B of the Indian Penal Code.

And

In the matter of:-

Dole Sahaji @ Almas Ali Sha anr.

….Petitioners

Mr. Saryati Datta,
Mr. Somnath Mukhopadhyay
.. for the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Sudip Ghosh,
Mr. Apurba Datta
..for the State

This application has been moved by the petitioners

apprehending arrest in connection with Bhatar Police Station Case

No. 273 dated 23.06.2019 for alleged offence punishable under

Sections 498A/326/307/34 of the Indian Penal Code and Sections

3/ 4 of Dowry Prohibition Act and subsequently added Section

304B of the Indian Penal Code.

On perusal of the Case Diary and after hearing the learned

counsel for the parties, we do not find any incriminating materials

against the father-in-law, the petitioner no.1. Dying declaration at

page 28 of the Case Diary also does not show any complicity

against the Father-in-law. We do not find that custodial

interrogation of the father-in-law is at all necessary for

investigation in this case.

2

We do not, however, find similar situation for the mother-in-

law, that is, the petitioner no.2 and consequently, we are inclined

to reject the prayer for anticipatory bail of mother-in-law.

Accordingly, we direct that in the event of arrest, the petitioner

no.1 (father-in-law) shall be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees ten thousand only) with two sureties

of like amount, one of whom must be local to the satisfaction of

Arresting Officer and subject to the conditions as laid down in

Section 438 (2) of the Code of Criminal Procedure, 1973, with

further conditions that the petitioner no.1 shall ensure his

presence before the regular Court and obtain bail within fortnight

from date. C.R.M. No.7553 of 2019 stands disposed of.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to

the petitioner subject to compliance of all requisite formalities.

(Sahidullah Munshi, J.)

(Subhasis Dasgupta, J.)

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