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In Re:- Sushil Kumar Dutta vs Re: An Application For Bail Under … on 22 March, 2017

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21 22.3.2017

pd. C.R.M. No. 2294 of 2017

In re:- Sushil Kumar Dutta … Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 17.3.2017 in connection
with English Bazar P.S. Case No.400/2016 dated 23.5.2016 under Sections 498A/302/34 of the Indian
Penal Code.

Mr. Niladri Shekhar Ghosh,
Mr. Kalidas Saha … For the petitioner.

Mr. S.G. Mukherjee, P.P.,
Mrs. Faria Hossain …. For the State.

Heard the learned Advocates appearing on behalf of the

parties. Perused the Case Diary.

The petitioner is the husband, who is in custody for 287 days.

According to the case of the prosecution, on being assaulted

by the petitioner and the stepson, the victim housewife was killed.

The learned Counsel for the State in this regard draws our

attention to the statements of the neighbouring people from the case

diary.

Earlier, the petitioner’s prayer for bail was once rejected by a

Co-ordinate Bench of this Court on merit.
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Now, considering the nature of the allegations and the

materials collected in support of the same, in our opinion, this is not a

fit case for bail.

Accordingly, the application for bail stands rejected.

We have been informed that since the other co-accused are

absconding, the case against the petitioner could not have been

committed.

Accordingly, we direct the learned court below that if within

coming two months, the police is not able to apprehend the other co-

accused persons, then in that case, to immediately split up the case of

the present petitioner from that of the absconding accused and

thereafter to commit the case to the court of sessions by taking

recourse to Section 299 of the Code of Criminal Procedure.

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

once.

(Ashim Kumar Roy, J.)

(Malay Malay Banerjee, J.)
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