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.
In Re: Golam Mostafa Mondal
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
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
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
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.)