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Judgments of Supreme Court of India and High Courts

Of 2019 Dated 22.10.2019 Under … vs In Re: Mokshed Molla & Ors on 11 November, 2019

1

11.11.19

Sl. No.144
akd
[PARTLY
ALLOWED]
C. R. M. 10368 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 08.11.2019 in connection with Minakhan Police Station Case No. 248
of 2019 dated 22.10.2019 under Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code.

And

In Re: Mokshed Molla Ors.

… … Petitioners
Mr. Kallol Basu .. Advocate
Ms. Sharmistha China .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they have been falsely implicated

in the instant case.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record disclosing prima facie involvement of

the petitioner nos.1, 2 5 i.e. the husband and parents-in-law of the victim-housewife in

subjecting her to torture resulting in her unnatural death within four years of marriage, we

are of the opinion that this is not a fit case to grant anticipatory bail to them.

Accordingly, the prayer for anticipatory bail of the accused/petitioner nos. 1, 2

5 namely, (1) Mokshed Molla, (2) Muslima Bibi (5) Nabiruddin Molla is rejected.
2

However, in view of the extent of complicity of the petitioner nos.3, 4, 6 i.e.

the other in-laws of the victim-housewife in the alleged crime, we are of the opinion that

custodial interrogation of the petitioner nos. 3, 4, 6 is not necessary in the facts of the

present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner nos. 3,

4, 6 namely (3) Sahidulla Kazi, (4) Akuljan Bibi (6) Chhayma Bibi, be released on

bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two

sureties of like amount each, to the satisfaction of the arresting officer and also be subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that they shall appear before the court below and pray for

regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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