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Judgments of Supreme Court of India and High Courts

Hakim Molla vs Unknown on 18 November, 2019

1

187 18.11.2019
rkd Ct. No.28 C.R.M. 9846 of 2019
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30/09/2019 in connection with
Dewandighi P.S. Case No. 76 of 2019 dated 13/06/2019
under Sections 498A/Section302/Section120B/Section304B/Section306 of the Indian Penal
Code.

And

In the matter of: Hakim Molla
….petitioner.

Mr. A. Ghatak,
Mr. T. J. Mondal
…for the petitioner.

Mr. S. Banerjee,
Mr. S. De
…for the State.

Petitioner is in custody for 90 days and it is submitted that he

was not present at the place of occurrence when the incident occurred.

Learned counsel appearing on behalf of the State opposes the

prayer for bail and submits that victim suffered unnatural death

within four years of marriage.

Having considered the materials in the case diary and bearing

in mind the nature of allegations and in view of the period of detention

suffered by the petitioner and as investigation is complete, we are

inclined to grant bail to the petitioner.

Accordingly, the petitioner is directed to be released on bail

upon furnishing a Bond of Rs. 10,000/- with two sureties of like

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

Learned Chief Judicial Magistrate, Burdwan subject to the condition

that during bail he shall appear before the learned trial court regularly

till disposal of the trial and he shall not intimidate witnesses or

tamper with evidence in any manner whatsoever or commit similar

offences in future.

In the event the petitioner fails to comply with the conditions

as enshrined hereinbefore, it is open to the trial court to cancel the

bail without any further reference to this Court.

The application for bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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