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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.)
