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Mita Choudhury & Ors vs Unknown on 21 April, 2020

1

21.04.2020.
Item No. 18
(Allowed)
akd C.R.M. 3196 of 2020

In Re:- An application for bail under Section 439 of the
Code of Criminal Procedure filed on 19.04.2020 in
connection with Noapara P.S. Case No. 440/2016 dated
30.12.2016 under Sections 498A/326/307/302/34 of the
Indian Penal Code (G.R. Case No. 8417 of 2016).
And
In the matter of : Mita Choudhury Ors.

petitioners.

Mr. Shibaji Kumar Das …For the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP,
Ms. Faria Hossain …For the State.

The petitioners undertake to affirm and stamp the
petition/application as per the Rules within forty-eight
hours of resumption of the normal functioning of the
Court. Subject to such undertaking the application is
taken up for hearing through Video Conference.

The petitioners are charged under Sections
498A/326/307/302/34 of the Indian Penal Code along
with the other accused for allegedly inflicting a burn injury
causing death of a victim girl.

Since the petitioners were absconding and the other
two co-accused were apprehended. There was a split trial,
which ended with acquittal of the other two co-accused. It
has been held by the learned Sessions Judge that the
allegation has to pouring of the kerosene oil and letting the
victim girl on fire to which she succumbed ultimately,
could not be proved by the prosecution.

It is undeniable that the petitioners surrendered after
the acquittal of the other two co-accused and wanted to
take benefit and shelter of the said judgment. The
petitioner are languishing in jail for nearly 150 days.
Indubitably, the trial against the petitioners has not
commenced as yet. Though the application for bail filed by
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the petitioners on an earlier occasion was rejected but it
was at a relevant point of time when the judgment relied
upon by the petitioners has not seen the light of the day.

We do not find any justification in keeping the
petitioners in correctional home pending the trial to be
commenced against her.

Accordingly, the petitioners shall be released on bail
upon furnishing a Bond of Rs. 10,000/- each with two
sureties of like amount, one of whom must be local, to the
satisfaction of the learned Chief Judicial Magistrate, North
24-Parganas on condition that the petitioners shall
cooperate in the trial and shall remain present on each day
when the matter is listed before the trial court with further
condition that they shall not leave the jurisdiction of the
trial court without obtaining prior permission from it.

The concerned learned Sessions Judge is requested to
expedite the case and endeavour shall be shown to bring it
to its logical conclusion as expeditiously as possible.

The application being CRM 3196 of 2020 is disposed
of.

(Abhijit Gangopadhyay, J.) (Harish Tandon, J.)

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