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Penal Code vs In Re: Salam Md. @ Chalam Md. & Ors on 15 March, 2019

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15.03.2019

Item No.14
Court No.16
AP
CRM No.2459 of 2019

Re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on 27th February, 2019 in connection with Haldibari Police Station Case
No.177 of 2018 dated 17.10.2018 under Sections 498A/304B/34 of the Indian
Penal Code.

And

In Re: Salam Md. @ Chalam Md. Ors.

…Petitioners

Mr. Sandip Sarkar
… For the Petitioners

Mr. Parthapratim Das
… For the State

The petitioners seek bail in connection with Haldibari Police Station Case

No.177 of 2018 dated 17.10.2018 under Sections 498A/304B/34 of the Indian

Penal Code.

The petitioners have been in custody for more than 150 days in connection

with the unnatural death of the wife of the first petitioner within six months of

her marriage. The State says that the wife was pushed to commit suicide in the

wake of the persistent demands of the petitioners for dowry and the continuous

torture inflicted on her as evident from statements recorded in course of the

investigation.

Since the charge-sheet has been filed, the further custodial interrogation of

the petitioners may not be necessary. In the event the petitioners are convicted,
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they will suffer the appropriate sentence. For the moment, the petitioners pose no

threat to be enlarged on bail.

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

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

to the satisfaction of the Additional Chief Judicial Magistrate, Mekhliganj on the

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

evidence in any manner whatsoever and the petitioners will be obliged to attend

Court on the dates fixed for the trial.

In the event the petitioners violate 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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