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.
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.)