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25 13.6.2017

pd. C.R.M. No. 4628 of 2017

In re:- Sekh Tufan @ Tufan Sekh … Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 17.5.2017 in connection with
Suri P.S. Case No. 358/2016 dated 16.10.2016 under Sections 498A/326/307/302/34 of the Indian Penal
Code and Sections 3 / 4 Dowry Prohibition Act.

Mrs. Aisarya Gupta,
Mr. Chittapriya Ghosh … For the petitioner.

Mr. S.G.Mukherjee, P.P.,
Mr.Partha Pratim Das …. For the State.

Heard the learned Counsel appearing on behalf of the parties.

Perused the case diary.

It is true that although the petitioner is in custody for 240 days

but after submission of the charge sheet, the case has not been

committed to the Court of Session.

However, from the side of the State, it is pointed out that this

case is based on the dying declaration of the victim girl recorded by her

attending Doctor at the Hospital.

We have gone through such dying declaration, which is at page-

55 of the case diary.

Now, going through the same and considering what transpires

therefrom, we are of the opinion that this is not a fit case for bail.

Accordingly, the application for bail stands rejected at this

stage.

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However, we direct the learned Magistrate, before whom the

matter is now pending, to immediately commit the case to the Court of

Session in accordance with law.

Office is directed to communicate this order to the court below at

an early date.

(Ashim Kumar Roy, J.)

(Ashis Kumar Chakraborty, J.)
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