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Md. Faiyazuddin @ Mohammad … vs Unknown on 13 March, 2020

1

13.03.2020

Court No.28
SL No.96
AP
CRM 2584 of 2020
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05.03.2020 in connection with Entally
P.S. Case No.235 dated 10.07.2018 under Sections
120B/498A/302/ 304B of the Indian Penal Code and charge sheet
submitted under Sections 120B/498A/302/304B/201 of the
Indian Penal Code.

And
In the matter of:Md. Faiyazuddin @ Mohammad Faigazuddin @
Sunny
….Petitioner.

Mr. D.K. Sharma
…for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra
…for the State.

It is submitted on behalf of the petitioner that he is in custody

for over 600 days and he is not present in Kolkata at the time of

incident.

Learned lawyer for the State opposes the prayer for bail and

submits that the petitioner had made false statement with regard to

the cause of death of his wife and subsequently it was found that

his wife had died due to hanging. Trail is in progress.

Having considered the materials on record and bearing in

mind the fats and circumstances of the case leading to the

unnatural death of the housewife within two months of marriage

and false explanation relating to cause of death given by her

husband i.e. the petitioner and since the trial is in progress, we are

not inclined to grant bail to the petitioner at this stage.
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The application for bail is, thus, rejected.

However, we direct the trial court to expedite the trial and

conclude the same at an early date preferably within a period of one

year from the next date fixed before the trial court without granting

unnecessary adjournment to either of the parties.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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