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Judgments of Supreme Court of India and High Courts

Nishat Parvez vs Unknown on 27 August, 2019

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CRM 7595 of 2019

In re: An application under Section 439 of the Code of Criminal Procedure filed
on 16.08.2019 in connection with Debra Police Station Case No.168/2019 dated
22.03.2019 under Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.

And

In the matter of: Nishat Parvez.

Mr. Ayan Basu,
Mr. Prabir Kumar Das,
Mr. Sumit Routh.

…for the petitioner.

Mr. Lalmohan Hazra,
Mr. S. C. Panja,
Ms. Anuradha Hazra.

….for the defacto complainant.

Mr. Pradipta Kr. Ganguly.

…..for the State.

Although, allegation is very serious against the husband of the petitioner,

but from the statements recorded under Section 161 of the near relations of the

victim, we do not find any direct involvement of the accused/petitioner in the

commission of the alleged offence in particular the injury shown to have been

detected on the victim in the Post Mortem Report. The petitioner is in custody for

over 160 days and there is no dispute that out of ten charge sheeted accused

persons, seven are already on bail. Other material evidences recorded under

Section 161 also do not specifically implicate the accused person regarding

commission of injury, in particular, the head injury complained of by the defacto
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complainant. We do not justify any further custodial investigation against the

accused person.

We, therefore, direct that in the event of arrest the petitioner shall be

released on bail upon furnishing bond of Rs.20,000/- with two sureties of

Rs.10,000/- each, one of whom must be local to the satisfaction of the learned

Chief Judicial Magistrate, Paschim Medinipur subject to the condition that on each

and every date of hearing the petitioner shall attend the court below and on further

condition that the accused shall not neither intimidate any witness nor shall

tamper with any evidence failing any of the conditions mentioned herein the

learned court below will be at liberty to cancel the bail of the petitioner in

accordance with the law.

The application for bail is, thus, allowed.

CRM 7595 of 2019 stands disposed of.

(Sahidullah Munshi, J.)

(Subasis Dasgupta, J.)

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