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Judgments of Supreme Court of India and High Courts

Milan Bagdi & Others vs Unknown on 4 February, 2020

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5 04.02.2020
AB/ Court No.1
SDE C.R.A. 191 of 2019
With
C.R.A.N. 2692 of 2019

In the matter of : Milan Bagdi Others

…Appellants/
Petitioners.

Mr. Ayan Bhattacharya,
Mr. Kunal Ganguly …for the Petitioners/Appellants.

Mr. S. G. Mukherjee, Ld. PP,
Mr. Arijit Ganguly,
Mr. Avik Ghatak …for the State.

In re : C.R.A.N. 2692 of 2019

Four persons stand convicted and sentenced for the offences punishable

under Sections 302/498A/34 of the Indian Penal Code and under Sections 3 /4

of the Dowry Prohibition Act. They are the applicants in this application for

suspension of sentence and grant of bail.

We have heard learned Counsel for the applicants and the learned Public

Prosecutor appearing for the State.

The first appellant Milan Bagdi is the husband of the victim. The second

appellant Kanchan Bagdi is the brother of the first appellant. Nakul Bagdi, the

third appellant, is their father and the 4th appellant Parbati Bagdi is the mother

of the accused/appellant nos.1 and 2. Parbati Bagdi, who is the mother-in-law of

the victim, and the father-in-law as well as the brother-in-law of the victim are

demonstrated to have been staying away from the matrimonial home wherein the

first appellant, the husband of the victim, was cohabiting with the victim. The

strangulation of the victim is stated to be the reason of the death and the case is

based on circumstantial evidence. Obviously, in this kind of cases eyewitnesses

would be seldom available. However, the totality of the facts and circumstances

of the case as emerging out of the legal evidence on record as considered by the

Court below would delineate the allegations as against the first

appellant/husband to be on the one hand and those as against the other

appellants are such so as to be segregable and of a different colour and,

therefore, to be treated as possibly a bunch of facts, which could be differentially

considered.

In such premise, having particular regard to the fact that it is the

husband, who alone was staying in the matrimonial home along with the victim,
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we are of the view that the appellant nos.2, 3 and 4, namely, Kanchan Bagdi,

Nakul Bagdi and Parbati Bagdi have demonstrated sufficient grounds in support

of this application for suspension of sentence and grant of bail in so far as they

are concerned. However, we do not see any reason to grant suspension of

sentence and bail to the first appellant, namely, Milan Bagdi.

In the result, the application for suspension of sentence is allowed in part

rejecting the prayer for bail in so far as it relates to the first appellant, namely,

Milan Bagdi and will stand allowed as regards appellant nos.2, 3 and 4, namely,

Kanchan Bagdi, Nakul Bagdi and Parbati Bagdi.

Accordingly, we direct that the appellant nos. 2, 3 and 4, namely,

Kanchan Bagdi, Nakul Bagdi and Parbati Bagdi shall be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten Thousands only) each with two

sureties of like amount each, one of whom must be a local surety, to the

satisfaction of the learned Chief Judicial Magistrate, Birbhum at Suri on

condition that the appellant nos.2, 3 and 4 shall report to the Officer in Charge of

the concerned Police Station between the 20th and 25th of every month, starting

from February, 2020 till the disposal of this appeal unless otherwise ordered.

The appellant nos.2, 3 and 4 shall be personally present or shall be

represented at the hearing of the appeal.

Paper Books be prepared within four weeks from the date of receipt of

lower court records.

Let the main appeal be listed for final hearing as soon as paper books are

ready.

The application being C.R.A.N. 2692 of 2019 is allowed in part.

Urgent Photostat Certified copy of this order, if applied for, be supplied

expeditiously after complying with all necessary legal formalities.

(Thottathil B. Radhakrishnan, C.J.)

( Arijit Banerjee, J.)
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