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Mustakim Sk. & Anr vs Unknown on 30 April, 2018



RP 53
CRM 1514 of 2018

In Re : An application for bail under Section 439 of the Code
of Criminal Procedure in connection with Islampur P.S. Case
No.340 dated 10.09.2017 under Section 498A/302/34 of the
Indian Penal Code (corresponding to GR Case No.2637 of


In the matter of : Mustakim Sk. Anr.

…. Petitioners

Mr. Navanil De, Adv.

Mr. Rajeshwar Chakraborty, Adv.

….. For the Petitioner

Mr. Bidyut Kumar Roy, Adv.

Ms. Rita Datta, Adv.

….. For the State

It is submitted on behalf of the petitioners that the petitioner

no.1, husband of the victim housewife, is in custody for 223 days

while the petitioner no.2, mother-in-law of the victim housewife, is

in custody for 172 days. It is further submitted that they have

been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. We note that

the opinion of the postmortem doctor as to the cause of death is

not clear and keeping in mind the period of detention suffered by

the petitioners and the fact that investigation is complete, we are

inclined to grant bail to the petitioners.

Accordingly, we direct that the petitioners shall be released

on bail upon furnishing a bond of Rs.10,000/-( Rupees Ten

Thousand only) each with two sureties of like amount each, one of

whom shall be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate at Lalbagh, Murshidabad on condition

that they shall not intimidate the witnesses and/or tamper with

evidence in any manner whatsoever. They shall appear before the

trial Court on every date of hearing and in the event they fail to do

so, the trial Court shall be at liberty to cancel their bail without

further reference to this Court.

The application for bail is, thus, allowed.

Urgent Photostat certified copy of this order, if applied for, be

delivered to the learned advocates for the parties, upon compliance

of usual formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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