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Judgments of Supreme Court of India and High Courts

Of 2019) vs In Re: Susmita Das on 29 March, 2019

1

29.03.19

Sl. No.4
akd
[ALLOWED]
C. R. M. 3075 of 2019 [ASSIGNED]

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
13.03.2019 in connection with Khardah Police Station Case No. 72 of 2019 dated
20.01.2019 under Sections 498A/304B/34 of the Indian Penal Code. (G.R. Case No. 366
of 2019)

And

In Re: Susmita Das
… … Petitioner

Mr. Sourav Chatterjee .. Advocate
Mr. Satadru Lahiri .. Advocate
Mr. Rajkumar Lahoti .. Advocate
… … for the petitioner

Ms. Zareen N. Khan .. Advocate
Ms. Mayukhi Mitra .. Advocate
… … for the State

Petitioner renews her prayer for bail.

It is submitted on behalf of the petitioner that she is the married sister-in-law of

the victim-housewife and did not reside at the matrimonial home of the victim. It is further

submitted that she was not present at the matrimonial home on the day the victim-

housewife committed suicide.

Learned Counsel for the State opposes the prayer for bail and submits that the

petitioner along with others subjected the victim-housewife to torture and consequentially

she committed suicide.

We have considered the materials on record. There is nothing on record to show

that the petitioner was present on the date of occurrence at the matrimonial home of the

victim-housewife. Keeping in mind the aforesaid facts and the period of detention suffered
2

by the petitioner and that investigation is complete, we are of the opinion that further

detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Susmita Das, be released on bail

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

amount each, one of whom must be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate, Barrackpore, North 24-Parganas subject to condition that the

said petitioner shall appear before the trial court on every date of hearing until further

orders and shall not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event she fails to appear before the trial court without justifiable cause,

the trial court shall be at liberty to cancel her bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

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

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