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Judgments of Supreme Court of India and High Courts

Prohibition Act vs In Re: Momota Marik on 23 April, 2020



Sl. No.60

C. R. M. 3292 of 2020 [via video conferencing]
(CRAN 1645 of 2020)

In Re: An application for bail under Section 439 of the Code of Criminal Procedure in
connection with Bokultala Police Station Case No.33 of 2020 dated 24.01.2020 under
Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry
Prohibition Act.


In Re: Momota Marik
… … Petitioner

Mr. Angshuman Chakraborty .. Advocate
… … for the petitioner

Mr. Swapan Banerjee .. Advocate
… … for the State

In Re : CRAN 1645 of 2020

Petitioner undertakes to affirm and stamp the petition/application as per Rules

within 48 hours of resumption of normal functioning of the court. Subject to such

undertaking, the application is taken up for hearing through video conferencing.

Heard the learned advocates appearing for both the parties.

It is submitted on behalf of the petitioner that she is the mother-in-law of the

victim-housewife. It is further submitted that the petitioner is in custody for about 82 days.

Learned advocate appearing for the State opposes the prayer for bail and prays

for time to produce the case diary.

Having considered the materials on record and bearing in mind the period of

detention suffered by the petitioner, we consider it prudent to release the petitioner on

interim bail in the present case however, subject to the following conditions.

Accordingly, the accused/petitioner namely, Momota Marik shall be released on

interim bail on executing a personal bond to the satisfaction of the learned Chief Judicial

Magistrate, South 24-Parganas-in-charge subject to condition that the said petitioner shall

not intimidate witnesses or tamper with evidence in any manner whatsoever and on

further condition that she shall stay at her permanent residence and shall not move out of

her residence without the express permission of the Officer-in-charge of the police station

within whose jurisdiction she shall reside. Petitioner shall be subjected to medical

examination by the medical authorities attached to the correctional home where she is

presently lodged and shall be so released only upon issuance of a fit certificate by the

said authorities. The interim bail shall continue for a period of three months or until further

orders, whichever is earlier.

The application being CRAN 1645 of 2020 is accordingly, disposed of.

Let this matter appear for further hearing two months hence. Case diary be

produced on that day.

Learned Chief Judicial Magistrate, South 24-Parganas-in-charge as well as all

concerned authorities shall act in terms of the copy downloaded from the official website

of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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