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Penal Code Read With Section 4 Of … vs In Re:- Aswini Maishal on 6 September, 2017


46 6.9.2017

C.R.M. No.8447 of 2017

Re: An application for bail under Section 439 Cr.P.C. affirmed on 24.8.2017 in connection with
Ramnagar Police Station Case No.99/2017 dated 5.4.2017 under Section 498A/302/304B/34 of the Indian
Penal Code read with Section 4 of Dowry Prohibition Act.

– And –

In re:- Aswini Maishal …. Petitioner.

Mr. Siladitya Sanyal,
Mr. Sujan Chatterjee … For the petitioner.

Mr. S.G.Mukherjee, P.P.,
Mrs. Amita Gaur …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for 148 days and he is the principal

accused person. Charge sheet has already been submitted.

On perusal of the materials in the case diary, we find that

according to the opinion of the Autopsy Surgeon as recorded in the Post

Mortem Report of the victim housewife, her death was due to chemical

poisoning, which was ante mortem and suicidal in nature.

Taking into consideration the above materials in the case diary,

amongst others, and also after considering the fact that since our

attention has not been by the learned Advocate for the State in support of

necessity of further custodial detention of the petitioner even after

submission of the charge sheet or that in the event, bail is granted in his

favour, he is likely to abscond, we are inclined to allow the petitioner’s

prayer for bail.

Accordingly, we allow his prayer for bail.

Let the petitioner be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom

must be local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Contai, Purba Medinipur.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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