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Pratima Choudhury vs Unknown on 21 April, 2020

1

21.04.2020.
Item No. 13
(Allowed)
ab C.R.M. 3177 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 18.04.2020 in connection with
Noapara P.S. Case No. 440/2016 dated 30.12.2016 under Sections
498A/326/307/302/34 of the Indian Penal Code (G.R. Case No.
8417 of 2016).

And
In the matter of : Pratima Choudhury
… petitioner.

Mr. Tilak Mitra. …For the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. PP,
Ms. Faria Hossain …For the State.

The petitioner undertakes to affirm and stamp the

petition/application as per the Rules within forty-eight hours of
resumption of the normal functioning of the Court. Subject to
such undertaking the application is taken up for hearing through
Video Conference.

The petitioner is charged under Sections
498A/326/307/302/34 of the Indian Penal Code along with the
other accused for allegedly inflicting a burn injury causing death
of a victim girl.

Since the petitioner was absconding and the other two co-
accused were apprehended. There was a split trial, which ended
with acquittal of the other two co-accused. It has been held by the
learned Sessions Judge that the allegation has to pouring of the
kerosene oil and letting the victim girl on fire to which she
succumbed ultimately, could not be proved by the prosecution.

It is undeniable that the petitioner surrendered after the
acquittal of the other two co-accused and wanted to take benefit
and shelter of the said judgment. The petitioner is languishing in
jail for nearly 150 days. Indubitably, the trial against the petitioner
has not commenced as yet. Though the application for bail filed by
the petitioner on an earlier occasion was rejected but it was at a
relevant point of time when the judgment relied upon by the
petitioner has not seen the light of the day.

We do not find any justification in keeping the petitioner in
correctional home pending the trial to be commenced against her.

2

Accordingly, the petitioner shall be released on bail upon
furnishing a Bond of Rs. 10,000/-, with two sureties of like
amount, one of whom must be local, to the satisfaction of the
learned Chief Judicial Magistrate, North 24-Parganas on condition
that the petitioner shall cooperate in the trial and shall remain
present on each day when the matter is listed before the trial court
with further condition that she shall not leave the jurisdiction of
the trial court without obtaining prior permission from it.

The concerned learned Sessions Judge is requested to
expedite the case and endeavour shall be shown to bring it to its
logical conclusion as expeditiously as possible.

The application being CRM 3177 of 2020 is disposed of.

(Abhijit Gangopadhyay, J.) (Harish Tandon, J.)

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