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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re:- Jahangir Kazi & Ors on 26 September, 2018

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09.2018

.

CRM No. 6659 of 2018
Re:- An application for bail under section 438 of the Code of Criminal
Procedure filed on 20th August, 2018 in connection with Nabagram Police
Station Case No. 278 of 2018 dated 6.8.2018 under Sections 498A/306 of the
Indian Penal Code, 1860.

And
In Re:- Jahangir Kazi Ors.

… Petitioners
Mr. Souvik Mitter
Mrs. Sreyashee Biswas
..for the Petitioners

Ms. Faria Hossain
Ms. Baisali Basu

.. for the State

The petitioners seek anticipatory bail in connection with Nabagram Police

Station Case No. 278 of 2018 dated 6.8.2018 under Sections 498A/306 of the

Indian Penal Code, 1860.

The petitioners are the husband, brothers-in-law and the mother-in-law,

respectively, of the victim who apparently committed suicide by setting herself

ablaze on July 27, 2018 some 13 years or so after her marriage.

According to the petitioners, there was a tiff with the husband, following

which the wife set herself on fire and the victim was taken to the nearest medical

centre from where she was recommended to be taken to the Murshidabad Medical

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College. The petitioners say that none of them tried to abscond and it was the

petitioners who took the victim to the nearest hospital and thereafter to the

medical college. According to the petitioners, the victim died on or about August

3, 2018 and no statement was obtained from the victim.

The petitioners claim that the members of the victim’s family, including her

parents, were present at the time that her body was buried; but the complaint

was filed some three days after the burial and without any basis.

The State refers to the case diary and the statements of some of the witnesses

who claim that the victim had been oppressed and tortured at her matrimonial

place for years together.

Even if the statements of the neighbours are not given much credence, the

fact remains that the husband accepts that there was a quarrel with the wife.

In the circumstances, it may be imprudent to excuse the custodial

interrogation of the husband (the petitioner No. 1 herein).

However, considering the material against them, the petitioner Nos. 2, 3 and 4

may be immediately granted anticipatory bail.

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Accordingly, in the event of arrest, the petitioner Nos. 2, 3 and 4 will be

granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only)

each, with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of

whom must be local, to the satisfaction of the Arresting Officer, subject to the

conditions as laid down in Section 438 (2) of the Code of Criminal Procedure,

1973. In addition, the petitioner Nos. 2, 3 and 4 will also report to the

Investigating Officer at such time and place as may be specified by the concerned

police officer.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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