SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Penal Code Added Section 307 Of The … vs Allowed on 1 February, 2019

1

01.02.2019
tkm/ct 28 C.R.M. 1383 of 2019
sl no. 45

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 31.1.2019 in connection with New Town P.S Case No.
547 of 2018 dated 20.12.2018 under sections 498A/323 of the Indian
Penal Code added section 307 of the Indian Penal Code
And
Allowed
In Re : Shirshendu Pal …… petitioner

Mr. Debasis Roy
Mr. P. K. Ghosh
Mr. Biswajit Manna
…… for the petitioner
Zareen N. Khan
Md. Kutub uddin
…… for the State
Mr. Hindol Nandi
…… for the de facto complainant

Heard the learned advocates appearing for the respective

parties.

Petitioner is in custody for about 32 days and it is submitted

that he has been falsely implicated in the instant case due to long-

standing matrimonial dispute.

Learned lawyer for the State opposes the prayer for bail and

submits that the petitioner had assaulted his wife on earlier

occasion resulting in registration of New Town P.S case no 254/16

dated 15.5.2016. It is further submitted that the petitioner has an

illicit relationship and subjected the de facto complainant/wife to

undue torture and harassment.

2

Learned lawyer for the de facto complainant also opposes the

prayer for bail and submits that the petitioner is threatening even

while he is in custody.

We have considered the materials on record. We note that

there is an earlier criminal case registered against the petitioner at

the behest of the de facto complainant/wife. It is alleged that the

petitioner has indulged in similar offence while on bail. On the

other hand, it is submitted that the subsequent case has been

instituted against the petitioner in order to harassing him since he

is on bail in the earlier case.

Keeling in mind the rival versions of the parties and bearing

in mind the nature of allegations, we are of the opinion though

further detention of the petitioner may not be necessary, his

movements require to be restricted in order to instill confidence in

the mind of the de facto complainant/wife and other witnesses.

Accordingly, the petitioner be released on bail upon

furnishing a bond of Rs. 10,000/- with two sureties of like amount

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

CJM, Barasat on condition that the petitioner shall appear before

the trial court on every date of hearing and shall not intimidate

witnesses or tamper with evidence in any manner whatsoever and

on further condition that the petitioner shall not enter the

jurisdiction of New Town P.S until further orders and shall provide
3

the address where he shall presently reside to the investigating

officer as well as the court below and shall report to the officer in

charge of the police station within whose jurisdiction he shall

reside once in a week until further orders.

In the event he fails to appear before the trial court without

justifiable cause, the trial court shall be at liberty to cancel his bail

automatically without reference to this court.

The application being CRM 1383 of 2019 is disposed of.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation