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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re on 14 September, 2018

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14.09.2018

Item no. 67
Ct. No.34
CHC
Allowed

C.R.M. No.7646 of 2018

In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed on 11.09.2018 in connection with Kandi
Police Station Case No. 56/18 dated 15.02.2018 for the alleged
offence punishable under Sections 498A/304B/302/34 of the
Indian Penal Code.

And
In Re:-

Mursalim Sk.

… Petitioner

Mr. Soumya Mazumder, Advocate
.. for the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Partha Pratim Das, Advocate
..for the State

The petitioner seeks bail in connection with Kandi Police

Station Case No. 56/18 dated 15.02.2018 for the alleged offence

punishable under Sections 498A/304B/302/34 of the Indian

Penal Code.

The petitioner has been in custody for 150 days.

According to the State, the petitioner was last seen with his

wife and the wife’s body was found strangled to death.

The State says that there is cogent evidence of the petitioner

having a relationship with some other.

Considering the material against the petitioner, particularly

the motive, it does not appear that it may be necessary to subject
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to petitioner to further custodial interrogation. In view of the lack

of adverse antecedents, there may not be any apprehension of any

other wrongdoing.

Accordingly, the petitioner is directed to be enlarged on bail on

bail on furnishing a bond of Rs.10,000/-, with two sureties of like

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

Additional Chief Judicial Magistrate, Kandi, Murshidabad, on

further condition that the petitioner shall meet the investigating

officer once a week till the conclusion of the investigation.

The petitioner will not intimidate any witness or tamper with

any evidence in any manner whatsoever and will appear before the

trial court on every date of hearing. If the petitioner fails to appear

before the trial court on any occasion, the trial court shall be at

liberty to cancel the petitioner’s bail without reference to this

Court.

The application for bail is, accordingly, allowed.

A certified copy of this order be immediately made available to

the petitioner subject to compliance with all requisite formalities.

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

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