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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re on 11 September, 2018

1

11.09.2018

Item no. 38
Ct. No.34
CHC
Allowed

C.R.M. No.7242 of 2018

In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed on 05.09.2018 in connection with
Kolaghat Police Station Case No. 90/2017 dated 22.03.2017 for
alleged offence punishable under Sections 498A/304B/34 of the
Indian Penal Code.

And
In Re:-

Mst. Hasina Bibi anr.

… Petitioners

Mr. Amal Krishna Samanta, Advocate
.. for the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Amita Gaur, Advocate
..for the State

The petitioners seek bail in connection with Kolaghat Police

Station Case No. 90/2017 dated 22.03.2017 for alleged offence

punishable under Sections 498A/304B/34 of the Indian Penal

Code.

These are the sister of the husband of the victim and wife of

the brother of the victim who claim not to have been involved in

the incident which led to death of the victim. The petitioners have

been in custody for 57 days.

The State produces the case diary and refers to the dying

declaration of the victim.

2

Considering these petitioners’ involvement, based on such

dying declaration, there may not be any need for them to be

detained any further.

Accordingly, the petitioners are directed to be released on bail

upon furnishing a bond of Rs.10,000/- each, with two sureties of

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

the Chief Judicial Magistrate, Purba Medinipur on condition that

they shall not intimidate the witnesses or tamper with the evidence

in any manner whatsoever and he shall appear before the trial

court on every date of hearing and in the event he fails to do so,

the trial court shall be at liberty to cancel the petitioners bail

without further reference to this Court.

The application for bail is, accordingly, allowed.

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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