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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code And … vs In Re: Golam Mostafa Mondal on 13 March, 2019

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13.03.2019

Item No.50
Court No.16
AP
CRM No. 2711 of 2019

Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 6th February, 2019 in connection with Hasnabad Police
Station Case No.269/18 dated 24.06.2018 under Sections 498A/302/406
of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And
In Re: Golam Mostafa Mondal
…Petitioner
Mr. K. K. Basu
Mr. A. Dutta
… For the Petitioner
Mr. S.G. Mukherjee, Ld. P.P.

Ms. Amita Gaur
… For the State

The petitioner seeks bail in connection with Hasnabad Police Station

Case No.269/18 dated 24.06.2018 under Sections 498A/302/406 of the

Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner has been in custody for more than 130 days, charged

with the murder of his wife of more than 40 years on the motive that the

wife stood in the way of the petitioner gifting a part of the petitioner’s

property to the widow of his deceased eldest son. The petitioner says that

the body was recovered at a time when the petitioner had admittedly just

returned from the morning namaz service and it is inconceivable that the

petitioner alone can be blamed when there were several other persons in

the house when the petitioner was away for the morning namaz. The
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petitioner says that there is no direct evidence against the petitioner and

even the circumstantial evidence stands on an infirm footing.

Even it be assumed that it was the petitioner who had committed the

crime, the immediate release of the petitioner on bail may not endanger any

person or otherwise be opposed to public interest. After all, the petitioner

can suffer any sentence that is handed down to him after he is convicted.

There does not appear to be any further need for the petitioner’s custodial

interrogation.

The petitioner will be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount,

to the satisfaction of the Chief Judicial Magistrate, Basirhat on the

conditions that the petitioner will not intimidate any witness or tamper with

any evidence in any manner whatsoever and the petitioner will be obliged to

attend Court on the dates fixed for the trial.

In the event the petitioner violates any of the conditions indicated

above, the trial court will be at liberty to cancel the bail without reference to

this Court.

The prayer for bail is allowed, subject to the conditions stated above.

Certified photocopies of this order, if applied for, be supplied to the

parties upon compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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