AB/ Court No.1
SDE C.R.A. 191 of 2019
C.R.A.N. 2692 of 2019
In the matter of : Milan Bagdi Others
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
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,
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
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.)