Ct-35 C.R.A. No.538 of 2017
CRAN 5009 of 2017
In the matter of: Harendra Chandra Parui Anr.
Mr. Kalyan Kumar Bhattacharjee, Adv.
Ms. Aasia Khatoon. Adv.
… for the Petitioners.
Mr. Saswata Gopal Mukherjee. Ld. P.P.
Ms. Anasuya Sinha. Adv.
… for the State.
This CRAN application being CRAN No.5009 of 2017
has been filed for bail in connection with appeal under
Section 389 of the Code of Criminal Procedure on the ground
that the petitioners being parents in law had no role to play in
the alleged offence and learned Trial Court has erroneously
convicted both the petitioners.
Learned Advocate appearing on behalf of the appellants
contends that the appellants have been erroneously convicted
by learned Trial Judge and in fact, the evidences are against
the husband only.
Learned Advocate for the State Ms. Sinha submits that
all the evidences are leading to the irresistible conclusion that
the petitioners including the husband had committed such
offence and in fact, learned Trial Judge has made a distinction
at the time of awarding sentence which is contrary to the law.
It is further submitted that the evidences recorded are
sufficient to hold that the present petitioners are also guilty
for the offence and learned Trial Judge has rightly convicted
the petitioners for the offence under Section 304B/34 as well
as for the offence under Section 498A/34 of the Indian Penal
Learned Advocate for the appellants submits that the
deceased did not name the present petitioners in the suicidal
note and accordingly there is every chance of success in the
Having considered the submissions of learned Advocate
for the appellants and after going through the evidence on
record as well as the judgment impugned, I find that sufficient
evidence has been adduced on behalf of the prosecution and I
do not find any such material in favour of the present
In my considered view, the petitioners have failed to
make out a case so that there is any chance of success in the
Accordingly, the CRAN application being CRAN No.5009
of 2017 stands rejected.
The department is directed to call for the Lower Court
Records forthwith and to prepare the paper book within four
weeks from the date of receipt of Lower Court Records.
The appeal may be listed under the heading “Hearing”
before the appropriate bench upon preparation of paper book
and issuance of usual notices to all concerned.
(Debi Prosad Dey, J.)